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2026 Supreme(Online)(Mad) 24945
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Senthilkumar Ramamoorthy, J
M/s. Zaitoon Multi Cuisine Family Restaurant, Rep. by its Managing Partner Mr. Noufal N K – Appellant
Versus
Zaituna Eating House, Rep. by its Proprietor Mohammed Ayuf – Respondent
C.S.(Comm Div) No.336 of 2025|O.A.Nos.1210|O.A.Nos.1211|A.No.6410
Important Points
Subject
Intellectual Property - Trademark
Act Referred
C.P.C.: R.Order IV, 1, R.Order VII, Order- XIV Rule-8, R.Order 39 1 & 2
Headnote
For the Appellants/Petitioners: Ms. Hemalatha T.
For the Respondents: Mr.P.Arumugarajan
| Table of Content |
|---|
| 1. settlement reached in trademark case. (Para 1) |
| 2. court decrees suit based on settlement terms. (Para 2 , 3) |
JUDGMENT
The plaintiff and the defendant have reached a settlement and recorded the terms thereof in Memorandum of Compromise dated 27.02.2026. Such document has been signed by the Managing Partner of the plaintiff, Mr.N.K.Noufal, and by the proprietor of the defendant. Respective counsel have also signed. After acknowledging that the plaintiff is the registered proprietor of the trademark ZAITOON and the prior user thereof, the defendant has submitted himself to a decree in terms of prayers [(a) and (b)] of paragraph-44 of the plaint.
2. The plaintiff has agreed that the other reliefs claimed in the suit are not being pressed. I find no legal impediment for the issuance of a decree as per the terms of compromise.
3. Accordingly, the suit is decreed in terms of reliefs claimed in paragraph-44 [(a) and (b)] of the plaint. In view of the settlement, there will be no order as to costs. Consequently, connected applications are closed.
