IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 06.06.2019 Coram The Honourable Mr.Justice KRISHNAN RAMASAMY C.S.(Comm.Div.)No.774 of 2018 and O.A.Nos.1069 & 1070 of 2018

1.Ashok Kumar Sethi Trading as M/s.Abhinav Export Corporation Residing at C-2, No.1 & 3, Swarup Heritage, II Street, Kasthuri Estate, Poes Garden, Chennai - 600 086.

2.Abhinav Sethi Trading as M/s.Seegreen Cosmetics, C-2, No.1 & 3, Swarup Heritage, II Street, Kasthuri Estate, Poes Garden, Chennai - 600 086. ...Plaintiffs Versus

1.Mr.Raj Kumar Gupta, Proprietor, RKS Henna Export House, A-271, Okhla Industries Area, Phase - I, New Delhi - 110 020.

2.JWALA Beauty Centre, No.162, N.S.C Bose Road, Sowcarpet, Chennai - 600 079. ...Defendants Plaint filed under Order IV Rule 1 of the Original Side Rules and Order VII, Rule 1 of the C.P.C r/w Sections 54, 55 & 62 of the Copyright Act, 1957 and Section 27 r/w Sections 134 & 135 of the Trademarks Act, 1999 for the following reliefs:

(a) To grant a permanent injunction, restraining the defendants, by themselves, their servants, agents, distributors, or anyone claiming through them from reproducing by exporting, selling, advertising and or offering for sale by using the impugned Copyright RKS HINA Black Henna as shown in Document No.2 upon the henna or in any media and use the same in invoices, letter heads and visiting cards or by using any other Copyright which is in any way visually, phonetically or deceptively similar to the plaintiffs' Copyright AMIN'S GOLDEN PACK the picture mark as shown in Document No.1 or in any manner infringing the plaintiffs'

Copyright as shown in Document No.1.

(b) To grant a permanent injunction, restraining the defendants, by themselves, their servants, agents, distributors, or anyone claiming through them from reproducing by exporting, selling, advertising and or offering for sale by using the impugned pouch RKS HINA Black Henna as shown in Document No.2 upon the henna or in any media and use the same in invoices, letter heads and visiting cards or by using any other pouch which is in any way visually, phonetically or deceptively similar to the plaintiffs' pouch AMIN'S GOLDEN PACK the pouch as shown in Document No.1 or in any manner passing off the plaintiffs' pouch as shown in Document No.1.

(c) To direct the defendants to surrender to the plaintiffs all the black hennas, packing materials, cartons, advertisement materials, and hoardings, letter-heads, visiting cards, office stationery and all other materials containing/bearing the Copyright RKS HINA Black Henna as shown in Document No.2 in respect of black hennas.

(d) For a preliminary decree in favour of the plaintiffs, directing the defendants to render an account of profits made by them by the use of the Copyright RKS HINA Black Henna as shown in Document No.2 on the goods referred and for a final decree in favour of the plaintiffs for the amount of the profits found to have been made by the defendants, after the defendants has rendered accounts.

(e) To direct the defendants to pay to the plaintiffs the costs to the suit.

For Plaintiffs : Ms.Gladys Daniel For Defendants : Mr.R.Sathish Kumar

J U D G M E N T

Today(06.06.2019), when the matter is taken up for hearing, the learned counsel appearing for both sides have submitted in unison that the parties have resolved their disputes. The learned counsel appearing for the plaintiffs has also filed a Memo of Compromise dated 06.06.2019, before this Court.

2. The said Memo of Compromise reads as follows:

"The Plaintiffs and the Defendants have agreed to compromise the above suit C.S.(Commn.Div.) No.774 of 2018 in the following terms:

1. The term plaintiffs and defendants shall mean and include their heirs, executors, administrators, successors and assignees of each party.

2. The defendants acknowledges that the plaintiffs are the prior users of the suit Trademark/Copyright AMIN'S GOLDEN PACK as shown in Plaint Document No.1 since 2015.

3. The defendants undertakes to use only the carton/pouch which is file