C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.09.2025 CORAM THE HON'BLE MR. JUSTICE N. SENTHILKUMAR C.S. (Comm Div) No.120 of 2025 and OA.Nos.474, 475 & 476 of 2025 and A.No.2259 of 2025 Apex Laboratories Pvt.Ltd., 29, III Floor, SIDCO Garment Complex, Guindy, Chennai 600 032 rep.by its Authorised Signatory D.Jude F.L.S.Durai Pandian ... Plaintiff Vs. Sunlife Sciences Private Limited 15, 3rd cross, R V Shetty layout, Seshadripuram, Bangalore – 5600020 ... Defendant PRAYER: Plaint filed under Order IV Rule 1 of C.P.C. and Order VII Rule 1 of CPC read with Section 27, 28, 29, 134, 135 of the Trademarks Act, 1999 and Sections 51, 55, 62 of the Copyrights Act, 1957 to grant a judgment and decree on the following terms: (a) a permanent injunction restraining the defendant, by itself, its partners, men servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing the 1/10 https://www.mhc.tn.gov.in/judis C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 plaintiff's registered trademarks ZINCOVIT under No.487453 in Class 5 and other registered trademarks by using a deceptively similar trademark ZIMCOFIT or any other trademark deceptively similar to the plaintiff's registered trademark or in any other manner whosoever; (b) a permanent injunction restraining the defendant, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner committing acts of copyright infringement by using in the course of trade, labels/artistic works which are a substantial reproduction of plaintiffs' registered copyright under No.A-54243/1997, A-108878/2014, A.115854/2014 in colour scheme, get up and layout for their ZIMCOFIT for any tablets, syrup, drops etc., or in any other manner whatsoever; c) a permanent injunction restraining the defendant, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner passing off and / or enabling others to pass off the defendant' products under the trademark ZIMCOFIT as and for the plaintiffs' products by manufacturing, selling or offering to sell, distributing, displaying, printing, stocking, using, advertising their products with a trademark and / or label or artistic work that is identical in colour scheme get up and layout with that of the plaintiff's ZINCOVIT trademark or artistic work or in any other manner whatsoever; d) the defendant be ordered to surrender to plaintiffs for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark ZIMCOFIT label or any 2/10 https://www.mhc.tn.gov.in/judis C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 mark deceptively similar to plaintiffs' trademark and artistic work ZINCOVIT label. e) a preliminary decree be passed in favour of the plaintiffs directing the defendant to render account of profits made by use of trademark and copyright in the artistic work ZIMCOFIT label and a 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; f) for costs of the suit and g) pass such further or other reliefs. For Plaintiff : Mr.R.Sathish Kumar For Defendant : Ms.Sangeetha Pal JUDGMENT The parties to the suit have arrived at an amicable settlement. A memorandum of compromise signed by the respective parties and counter signed by the respective counsels, dated 25.08.2025 has been filed. The memorandum of compromise dated 25.08.2025 is extracted as below:- 3/10 https://www.mhc.tn.gov.in/judis C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 4/10 https://www.mhc.tn.gov.in/judis C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 5/10 https://www.mhc.tn.gov.in/judis C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 6/10 https://www.mhc.tn.gov.in/judis C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 7/10 https://www.mhc.tn.gov.in/judis C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 8/10 https://www.mhc.tn.gov.in/judis C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 2. The same is recorded. In terms of the Memorandum of Compromise dated 25.08.2025, this suit is decreed. The Memorandum of Compromise dated 25.08.2025 shall form part of the judgment. No costs. Consequently, connected applications are also closed. 03.09.2025 Index : Yes/No Speaking Order : Yes / No dpq 9/10 https://www.mhc.tn.gov.in/judis C.S. (Comm Div) No.120 of 2025 and OA.No.474 to 476 of 2025 and A.No.2259 of 2025 N. SENTHILKUMAR , J. dpq C.S. (Comm Div) No.120 of 2025 and OA.Nos.474, 475 & 476 of 2025 and A.No.2259 of 2025 03.09.2025 10/10 https://www.mhc.tn.gov.in/judis