A. MANICKAVEL TRADING AS BHARATHI SOAP WORKS Vs. P. GOVARDHANAMMA & ANOTHER

JUDGEMENT

(1.) THE learned counsel for the applicant Mr. Arun C. Mohan as well as the learned counsel for the respondent Mr. V. Sivakumar submitted before the Board that the matter was amicably settled between the parties before the Hon'ble High Court of Madras in C.S. No.1003 of 2008 on the basis of certain terms and conditions.

(2.) TODAY the learned counsel for the respondent would produce the judgement copy of the Hon'ble High Court of Madras dated 03/07/2013 in C.S. No.1003 of 2008. It is seen that the suit was filed for permanent injunction restraining the defendant by themselves, their proprietor/partners/directors as the case may be, their associate companies, heirs, legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, dealers, retailers or any one claiming through or under them from committing acts of infringement of plaintiff's registered trademark SILVER FOAM XXX package/wrapper/label by use of a similar trademark XLENT in their SUPER FOAM XLENT package/wrapper/label or any other mark similar thereto or in any other manner whatsoever.

(3.) THE applicant before this Board is the plaintiff and the respondent before this Board is the defendant in the above said suit. It is pertinent to note that a joint memo of compromise dated 03/07/2013 was taken on record by the Hon'ble High Court of Madras which reads as follows : -