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2025 Supreme(Online)(Mad) 52742
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Senthilkumar Ramamoorthy, J
Texmo Industries, Coimbatore – Appellant
Versus
Tecmo Industries, Coimbatore – Respondent
C.S.No.458 of 1998
For the Appellants/Petitioners: M/s.M.S.Bharath, V.S.Krishna for M/s.Kria Law
For the Respondents: Mr.Madhan Babu for M/s.Rahul Balaji
A memorandum of compromise can effectively resolve trademark disputes leading to a decree without legal impediments.
Headnote:This case involves a civil suit regarding alleged trademark infringement and passing off under various sections of the Trade and Merchandise Marks Act, 1958. The parties reached a settlement and executed a memorandum of compromise on 24.07.2025, agreeing to decree the suit as per the specified prayers. The court finds no legal impediment to decreeing the suit according to this agreement. The final decree allows for mutual costs.
| Table of Content |
|---|
| 1. remedies sought for trademark infringement. (Para 1) |
| 2. settlement reached and memorandum executed. (Para 2) |
| 3. judgment decreed in accordance with the compromise. (Para 3) |
JUDGMENT
The suit was filed seeking remedies in respect of alleged infringement of trade mark and passing off. Parties have reached a settlement and executed the memorandum of compromise dated 24.07.2025. Such memorandum of compromise is executed by the authorized signatory of the plaintiff and a partner of the defendant.
2. In the memorandum of compromise, parties have agreed that the suit be decreed in terms of the prayers at paragraphs 15(1) and 15(2) of the plaint. The plaintiff has agreed to relinquish the claims made in paragraphs 15(iii) to 15(v) of the plaint. I find no legal impediment to decree the suit in terms of the memorandum of compromise.
3. Therefore, C.S.No.458 of 1998 is decreed in terms of the prayers in paragraphs 15(1) and 15(2) of the plaint. The memorandum of compromise shall form an integral part of the decree. In view of the compromise, the parties shall bear their respective costs.
