BAJAJ AUTO LIMITED v. VORC MOTORS PRIVATE LIMITED,, Madras High Court, Judgment, Law, casemine.com

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CS(COMMDIV).119/2022

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Hon'ble Mr.Justice Abdul Quddhose

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BAJAJ AUTO LIMITED v. VORC MOTORS PRIVATE LIMITED,

C.S. (Comm. Div.) No.119 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2024

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. (COM. DIV.) No.119 of 2022

BAJAJ AUTO LIMITED,

represented by its Authorized signatories, Mr. R. Narasimhan and Mr. Madhavdas Kini .. Plaintiff Versus

1. VORC MOTORS PRIVATE LIMITED,

Old No. 795, New No.30 Trunk Road, Poonamallee, Chennai Tamil Nadu 600056.

2. INDIAMART INTERMESH LIMITED,

1^stFloor, 29-Daryagang. Netaji Subash Marg, New Delhi 110002. * ... Defendants * 2^nddefendant deleted as per order dated 25.01.2023 in A. No.4809 of 2023

Prayer : PLAINT FILED UNDER ORDER IV RULE 1 O.S. RULES

READ WITH ORDER VII RULE 1 CPC, READ WITH SECTIONS 27,

28, 29, 134 AND 135 OF THE TRADEMARKS ACT 1999 & PROVISO

1, SECTION 22 OF THE DESIGNS ACT, 2000 AND SECTION 7 OF

THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND

COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT,

No 4 of 2016 to grant a judgement and decree on the following terms:

a) A permanent injunction restraining the 1^stDefendant, its

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directors, officers, servants, agents, assigns, successors-in-business, legal representative/s dealers, distributors or anyone claiming through or from in any manner whatsoever infringing the Plaintiff Design registration Nos.241168, 324168-001 and 241164 and/or manufacturing, selling, exporting, importing, offering for sale, advertising and directly or indirectly dealing in any vehicles, using the same or similar shape or configuration to the Plaintiff's Autorickshaw, Goods Carrier and/or Three Wheeled Vehicles.

b) A permanent injunction restraining the 1^stDefendant, its directors, officers, servants, agents, assigns, successors-in-business, legal representative/s dealers, distributors or anyone claiming through or under it in any manner whatsoever from directly or indirectly infringing the plaintiff's registered trademarks "BAJAJ", "RE" device, "BAJAJ RE" by manufacturing, marketing, distributing, promoting. selling, offering for sale, advertising or in any other manner dealing autorickshaws and goods carrier bearing the almost identical mark "BAJAJ", "RE" device, "BAJAJ RE" or any other mark which is identical to the plaintiff's registered trademark in any manner whatsoever,

c) Permanent Injunction restraining the 2^ndDefendant by itself and/or through its servants and/or its agents or in any manner whatsoever from directly and/or indirectly promoting, marketing and /or offering for sale through its web portal or otherwise, any products that use and or adopt the plaintiff's registered designs Nos.241168, 324168-001 and 241164 and registered trademarks "BAJAJ", "RE", "BAJAJ RE";

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d) A permanent injunction restraining the 1^stDefendant, its directors, officers, servants, agents, assigns, successors-in-business, legal representative/s dealers, distributors or anyone claiming through or under it in any manner whatsoever from directly or indirectly passing off and enabling others to pass off their Autorickshaw, Goods Carrier and/or Three Wheeled Vehicles bearing the almost identical trademarks such as

"BAJAJ", "RE" device, "BAJAJ RE" to that of the plaintiffs trademarks

"BAJAJ". "RE" device, "BAJAJ RE" or any other mark, in any manner whatsoever,

e) A permanent injunction restraining the Defendants, their distributors, dealers, stockists, retailers, servants, agents and all others acting for and on their behalf from manufacturing, selling, importing, offering for sale, advertising and directly or indirectly dealing in any Autorickshaw, Goods Carrier and/or Three Wheeled Vehicles which are deceptively similar in shape to the Plaintiffs Autorickshaw, Goods Carrier and/or Three Wheeled Vehicles and which amounts to product passing off of the Plaintiffs Autorickshaw, Goods Carrier and/or Three Wheeled Vehicles.

f) Direct the Defendants to jointly and / or severally pay to the Plaintiff damages to the tune of Rs. 2,00,00,000/- (Two Crores only) or such other sum as may be found due and payable by this Hon'ble Court after an account of the profits made by the Defendants is rendered by the Defendants.

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g) The defendants be ordered to surrender to the plaintiffs for destruction, all moulds, blocks, dyes, Brochüres and all other materials used for the manufacture and marketing of autorickshaws which are identical to or an obvious imitation of the plaintiffs' registered design and

h) a preliminary decree be passed in favour of the Plaintiffs directing the defendants to render account of profits made by imitating imitation of the plaintiffs' registered design in respect of autorickshaws and a final decree be passed in favour of the Plaintiffs for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts.

For Plaintiff : Mr.Arun C. Mohan

For Defendants : Mr.M.S. Bharath for

Ms.Reshma Rajagopal for D1

JUDGMENT

Both the parties have arrived at a settlement. A Joint Memorandum of Compromise has been agreed upon between the parties. One of the parties to the Joint Memorandum of Compromise has signed the same but due to paucity of time, the other party could not sign the same. However, both the learned counsels representing the respective parties would submit on instructions that the parties are agreeable to the Joint

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Memorandum of Compromise, dated 18.01.2024, which is placed before this Court, today. The terms of settlement entered into between the parties are set out hereunder:

2. The 1^st Defendant had filed an application vide OA. No 5682 of 2022 seeking for a summary judgment to be passed in the present proceedings. It is submitted that vide order dated 21.08.2023, in A. No. 5682 of 2023, it has been recorded that :

2.1 the 1^st Defendant agrees to submit to the decree in terms of Prayers 45 (a), 45 (b), 45 (d), 45 (e) and 45 (g) of the Plaint.

2.2 As regards the Prayer 45(g) the 1^st Defendant undertook to file an affidavit stating that they do not have any of the moulds, blocks, dyes, brochures, and all other materials used for the manufacture and marketing of autorickshaws which are identical to or an obvious imitation of the Plaintiff's registered design.

3. The 1^st Defendant thereafter filed an Affidavit dated 2^nd September 2023 confirming that there were at any point of time or then no moulds nor any other materials present with the defendant in relation to the plaintiff's :

A. Design registration Nos.241168, 324168-001 and 241164 and

B. Trademarks "Bajaj"RE" device and "Bajaj RE".

4. There shall accordingly, be a decree in terms of Prayers 45(a) 45(b), 45(d) and 45(e) of the Plaint.

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5. The 1^st Defendant undertakes and confirms that they have taken down all digital images and all AV clips of Autorickshaws, Goods Carrier and Three-wheeled Vehicles which are identical with, deceptively similar to or an obvious imitation of the plaintiff's registered designs, from its website https://vorcmotors.com. Facebook pages, YouTube and all other platforms.

6. For infringing the Plaintiff's registered Designs and Trademarks and for passing off, the 1^st defendant has paid to the plaintiff a sum of Rs.3,00,000/- (Rs. Three Lakhs only) towards full and final settlement of Plaintiff's claim for legal and court expenses incurred, and lost business profits.

2. In terms of the aforesaid terms of settlement, this suit is disposed of. No costs.

19.01.2024

Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2

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ABDUL QUDDHOSE, J.

vsi2 C.S. (COMM. DIV.) No.119 of 2022

19.01.2024

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BAJAJ AUTO LIMITED v. VORC MOTORS PRIVATE LIMITED,

BAJAJ AUTO LIMITED v. VORC MOTORS PRIVATE LIMITED,

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