FMI LIMITED v. TRADE AGENCIES

C.S.(Comm.Div.) No.109 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

C.S.(Comm.Div.) No.109 of 2025

and O.A.Nos.417 & 418 of 2025

and A.Nos.2076 & 2077 of 2025

FMI Limited A registered company having its registered office at Ferozpur Road, Ludhiana- 141001 (Punjab). ... Plaintiff -vs-

Trade Agencies

A proprietorship Concern,

Represented by its Proprietor Mr.Shabbir, No.12-B, Errabalu Chetty Street,

Chennai - 600 001. ... Defendant

PRAYER: Civil Suit (Commercial Division) filed under Order IV Rule 1 of O.S.Rules and Order VII Rule 1 of CPC Read With Sections 27, 28, 29, 134 and 135 of the Trade Marks Act, 1999 and Section 7 of the Commercial

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Courts Act, 2015, praying to grant a judgment and decree on the following terms:-

(a). A decree for permanent injunction restraining the defendant, its proprietors,principal officers, family members, servants, agents, distributors, dealers, retailers and anyone acting for and/or on its behalf from using, selling soliciting, exporting, displaying, advertising or by any other mode or manner dealing in or using the impugned trademarks "FREEMANS / FREEMANS Professional" and/or any other trademark/word mark/device mark which may be same/deceptively similar /identical to the plaintiffs trademark "FREEMANS" and its variants in relation to protective Hand Gloves or any other identical/allied/cognate/related goods or from doing any other acts or deeds amounting to passing off of the goods/ business of the defendant as that of the plaintiffs.

(b). A decree for permanent injunction restraining the defendant, its proprietors, principal officers, family members, servants, agents, distributors, dealers, retailers and anyone acting for and/or on its behalf from using, selling, soliciting, exporting, displaying, advertising or by any other mode or manner dealing in or using the impugned trademarks

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"FREEMANS / FREEMANS PROFESSIONAL" and/or any other trademark/word mark/device mark which may be same/deceptively similar/identical to the plaintiffs trademark "FREEMANS" and its variants in relation to Protective Hand Glover and/or any other identical/allied/cognate/related goods or from doing any other acts or deeds amounting to infringement of plaintiffs trademarks as enunciated in the present suit.

(c). A decree for permanent injunction restraining the defendants, its proprietors, principal officers, family members, servants, agents, distributors, dealers, retailers and anyone acting for and/or on its behalf from using, selling, soliciting, exporting, displaying, advertising or by any other mode or manner dealing in or using the trade dress of the impugned trademarks "FREEMANS / FREEMANS PROFESSIONAL" and/or any other trademark/word mark/device mark/ packaging/label which may be same/deceptively similar/identical to the plaintiffs trademark

"FREEMANS" and its variants in relation to Protective Hand Gloves and/or any other identical/allied/cognate/related goods or from doing any

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other acts or deeds amounting to trade dress infringement of plaintiffs trademarks as enunciated in the present suit.

(d). A decree for permanent injunction restraining the defendants, its proprietors, principal officers, family members, servants, agents, distributors, dealers, retailers and anyone acting for and/or on its behalf from carrying on Unfair Trade Practice by adopting same/similar/identical trademarks as that of the plaintiff.

(e). A decree for permanent injunction restraining the defendants, its proprietors, principal officers, family members, servants, agents, distributors, dealers, retailers and anyone acting for and/or on its behalf from dilution of the hard/earned goodwill and reputation of the plaintiff in its well known, prior adopted, registered trademarks "FREEMANS" and its variants.

(f). A decree for delivery up of all goods, advertising materials, labels, packaging material, stickers, blocks, dyes and goods bearing the impugned trademarks "FREEMANS / FREEMANS Professional" or infringing the trade dress of the impugned trademarks or any other same/similar/identical trademarks for the purpose of erasure/destruction.

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(g). A decree declaring the trademark "FREEMANS" as well-known

mark within the meaning of Section 2(1)(zg) of the Trademarks Act, 1999. (h). An order directing defendant to pay a sum of Rs.18,00,000/- in favour of the plaintiff for trademark infringement/trade dress infringement/passing off of the plaintiff well-known, prior adopted and registered trademark "FREEMANS" on account of lose of sales, reputation, goodwill caused by the illegal activities of the defendant. (i). A decree passed in favour of the plaintiff directing the defendants to render true and proper accounts of the profits arising out of the amount of sales generated by the defendant in respect of their alleged activities bearing the trademark "FREEMANS" or any mark which is deceptively similar and or identical to the plaintiffs trademarks "FREEMANS" in any manner whatsoever.

(j). An order as to the cots of the proceedings.

For Plaintiff : Mr.A.K.Balaji

For Defendant : M/s.Muthu Kumarappa, S.Muthaiah

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