C.S.(Comm Div)No.152 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2025 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY C.S.(Comm.Div)No.152 of 2025, OA Nos. 608 to 610 of 2025 & A.No.2730 of 2025 Goutam Kumar, Sole Proprietor of Kesariya Tapes No. 34, Strotten Muthiah Mudali Street, Sowcarpet, Chennai 600 079, Tamil Nadu. ..Plaintiff Vs Vijay Kumar Moonat, Sole Proprietor of M/s.Sewasagar Industries No.13/2, Salakhedi, M.G.Showroom K Pichhe, Ratlam, Madhya Pradesh-457001. ..Defendant Prayer : Plaint is filed under Order IV Rule 1 of the Original Side Rules Read With Order VII Rule 1 of CPC and Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999, Sections 51, 55 & 62 of the Copyright Act, 1957 and Section 7 of the Commercial Courts Act, praying to grant a judgment and decree on the following terms:- a) A permanent injunction restraining the Defendant, its lawful assignees, men, servants, agents, distributors, stockists, representatives, or anyone claiming through or under them from in any manner infringing the plaintiff's __________ Page 1 of 6 https://www.mhc.tn.gov.in/judis C.S.(Comm Div)No.152 of 2025 registered trade mark “SILICON” by manufacturing, marketing, using or in any other manner dealing with self adhesive Tape, PVC Insulating Tape, sealants and adhesives or any allied and cognate products under the trademark “SILICON" or in any other manner similar and identical to the Plaintiff's Registered Trade Mark "SILICON"; b) A permanent injunction restraining the Defendant, its lawful assignees, men, servants, agents, distributors, stockists, representatives, or anyone claiming through or under them from in any manner infringing the plaintiff's registered copyright artistic work "SILICON" by manufacturing, marketing, using or in any other manner dealing with Self Adhesive Tape, PVC Insulating Tape, sealants and adhesives or any allied and cognate products under the artistic work/packaging/carton of “SILICON" and its variants or in any other manner similar and identical to the Plaintiff's registered copyright artistic work "SILICON"; c) A permanent injunction restraining the Defendant, its lawful assignees, men, servants, agents, distributors, stockists, representatives, or anyone claiming through or under them from in any manner passing off and/or enabling others to pass off the Defendant's products under the trademark "SILICON" as and for the Plaintiff's products by manufacturing, selling, offering to sell, distributing, displaying, printing, stocking, using, or advertising their products __________ Page 2 of 6 https://www.mhc.tn.gov.in/judis C.S.(Comm Div)No.152 of 2025 with a trademark and/or label that is identical with or deceptively similar to the Plaintiff's "SILICON" trademark and its variants, or in any other manner similar and identical to the Plaintiff's trademark "SILICON", thereby causing confusion and deception among the public and the trade; d) The defendant be ordered to surrender to the Plaintiff for destruction of all products, labels, cartons, dyes, blocks, visiting cards, leaflets, promotional materials, moulds, screen prints, packing materials and other materials bearing the trademark / copyright artistic work "SILICON" or any mark deceptively similar to plaintiff's trademark/copyright artistic work “SILICON"; e) A preliminary decree be passed in favour of the Plaintiff directing the Defendant to render accounts of profits made by use of the trademark “SILICON", and a final decree be passed in favour of the Plaintiff for the amount of profits thus found to have been made by the Defendant after the latter has rendered accounts; f) For the costs of the suit; For Plaintiff: Ms.Vanshika Vassireddy for M/s.Daga and Daga For Defendant: Mr.K.Narendran __________ Page 3 of 6 https://www.mhc.tn.gov.in/judis C.S.(Comm Div)No.152 of 2025 JUDGMENT The suit was filed seeking remedies in respect of alleged trade mark infringement, copyright infringement and passing off. Pursuant to negotiations, parties have reached a settlement and presented joint memorandum of compromise dated 31.07.2025. 2. The above mentioned document has been executed by the respective proprietors of the plaintiff and the defendant and by their respective counsel. 3. By the compromise, the defendant has undertaken not to use the trade mark “SILICON” and to liquidate the remaining inventory bearing the impugned mark within one month from the date of execution of the memorandum. The defendant has further agreed to pay a sum of Rs.90,000/- as damages. Parties have agreed that the suit be decreed in terms of prayers (a), (b) & (c) of paragraph 38 and that the petitioner relinquishes the reliefs claimed in paragraph 38(d), (e), (f) & (g) of the plaint. I find no legal impediment to the issuance of a decree in terms of the memorandum of compromise. 4. Therefore, C.S.(Comm.Div)No.152 of 2025 is decreed in terms of reliefs claimed in clauses (a) to (c) of paragraph 38 of the plaint. The joint __________ https://www.mhc.tn.gov.in/judis C.S.(Comm Div)No.152 of 2025 memorandum of compromise dated 31.07.2025 shall form an integral part of the decree. In view of the settlement, there will be no order as to costs. Consequently, connected applications stand closed. 06-08-2025 Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj __________ https://www.mhc.tn.gov.in/judis C.S.(Comm Div)No.152 of 2025 SENTHILKUMAR RAMAMOORTHY, J. Kj C.S.(Comm.Div)No.152 of 2025, OA Nos. 608 to 610 of 2025 & A.No.2730 of 2025 06-08-2025 __________ https://www.mhc.tn.gov.in/judis