The court disposed of a civil suit for trademark infringement and passing off after the parties reached an amicable settlement and filed a joint compromise memo.

PRAYER –

Civil Suit filed under Order IV Rule 1 of O.S. Rules and Order VII Rule 1 of CPC read with Sections 27 , 134 and 135 of the Trademarks Act, 1999 & Proviso 1 to Section 7 of the Commercial Courts, Commercial Divisions and Commercial Appellate Division of High Courts Act, 2015 , for a) a permanent injunction restraining the defendant by themselves, their directors, their legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, dealers, retailers or any one claiming through or under them from in any manner manufacturing, selling, offering for sale, stocking, trading, advertising directly or indirectly dealing in soaps which infringe the plaintiff’s trademark MYSOP by use of confusingly similar mark MYSOAP or any other mark deceptively similar to the plaintiff’s registered trademark MYSPO or in any other manner whatsoever; (b) a permanent injunction restraining the defendant by themselves, their directions, legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, dealers, retailers, advertisers or any one claiming through or under them from committing acts of passing off and enabling others to pass off by manufacturing, distributing, marketing, settling, offering for sale, advertising or in any other manner dealing in soaps or any other product bearing the deceptively similar mark MYSOAP which is confusingly similar to plaintiff’s mark MYSOP or in any other manner whatsoever which would be considered to be similar to the plaintiff’s mark MYSOP; (c) the defendant be ordered to surrender to the plaintiffs for destruction, all containers, pouches, prints, dies, blocks, moulds and plates, screen prints, packing and advertising material and any other material in their possession, bearing the mark MYSOAP which is nearly identical to the plaintiff mark MYSOP; (d) the defendant be ordered to pay to the plaintiffs a sum of Rs.10,00,000/- as damages for their wrongful and illegal activities by use of trademark MYSOAP; (e) a preliminary decree be passed in favour of the plaintiffs directing the defendant to render account of profits made by use of trademark MYSOAP and final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendant, after the latter have rendered accounts and for costs of the suit.

For Plaintiff(s): Mr.Arun C Mohan

For Defendant(s): Mr.V.Vargees Amal Raja

J u d g m e n t

This Civil Suit is filed by the plaintiff seeking a permanent injunction to restrain the defendant from manufacturing, marketing, or selling soaps under the mark "MYSOAP", which is deceptively and confusingly similar to the plaintiff's registered trademark "MYSOP" (also referenced as "MYSPO"), thereby constituting trademark infringement and passing off. Additionally, the plaintiff prays for a mandatory order directing the defendant to surrender all infringing packaging, dies, and promotional materials for destruction, a decree awarding Rs.10,00,000/- in damages, a preliminary decree for the rendition of accounts to recover profits made from the illegal use of the mark, and the costs of the suit.

2. Today, the above C.S.No.225 of 2018 is listed under the caption ‘for memo of compromise’. Both the parties appeared before this Court and submitted that they have arrived at an amicable settlement and a joint compromise memo dated 15.08.2026 duly signed by both parties and their respective counsels have been filed before this Court.

3. Recording the said joint compromise memo dated 15.08.2026, this Civil Suit is disposed of. The joint compromise memo dated 15.08.2026 shall also form part of the order. Consequently, connected Applications, if any, are closed.

However, there shall be no order as to costs.