Madras High Court
C.S(COMM DIV)/237/2026 of Apex Laboratories Pvt Ltd Vs Medifame Biotech on 29 October 2026
C.S(COMM DIV) No. 237 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
C.S(COMM DIV) No. 237 of 2026
and O.A.Nos.820, 821 and 822 of 2026
and A.No.3448 of 2026
CNR: {HCMA011826292026}
Apex Laboratories Pvt Ltd
29, III Floor, SIDCO Garment complex, Guindy, Chennai 600032
Rep by its Authorised Signatory,
Mr.S.Sundaravadivel
..Plaintiff
Vs
Medifame Biotech
First Floor, Plot No.153, Industarial Area Phase 2, Panchkula, Haryana-134113
..Defendant
a) A permanent injunction restraining the Defendant, by itself its partners, men, servants, agents, distributors, stockiest, representatives or anyone claiming through or under them from in any manner infringing the plaintiffs registered trademark ARK PAIN RELIEF SPRAY under No.2654084 in class 5
by using a deceptively similar trade mark AR-KD or any other trademark deceptively similar to the plaintiffs registered trademark or in any other manner whatsoever b) A permanent injunction restraining the Defendant, by itself its partners, men, servants, agents, distributors, stockiest, representatives or anyone claiming through or under them from in any manner committing acts of copyright infringement by using , in the course of trade, artistic works for the defendants containers which are substatntial reproduction of plaintiff copyright in colour scheme, get up and layout for their AR-KD fro any containers or in any other manner whatsoever....
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C.S(COMM DIV) No. 237 of 2026
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For Plaintiff:
Mr.Nida S.
For Defendant:
Mr.A.K.Rajaraman
JUDGMENT
Learned counsel for the plaintiff and the learned counsel for the defendant have brought to my notice that the parties have already entered into a Memorandum of Compromise and the same is duly reduced into writing in and by Memorandum of Compromise dated 26.09.2026. The original of the said Memorandum of Compromise is presented before this Court for approval.
2. I find that the Memorandum of Compromise dated 26.09.2026 is duly signed by the plaintiff’s authorised signatory and the proprietor of the defendant concern. The respective counsel have also joined the execution on the said Memorandum of Compromise. Learned Counsel on either side pray for a decree to be passed in terms of the joint memorandum of compromise dated 26.09.2026. The joint memorandum of compromise is scanned and reproduced hereunder for ready reference:-
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C.S(COMM DIV) No. 237 of 2026 __________
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C.S(COMM DIV) No. 237 of 2026 __________ P.B.BALAJI.,J SR
3. In the light of the above, the suit is decreed in terms of the joint memorandum of compromise dated 26.09.2026 which shall form part and parcel of the decree, No costs. Consequently, connected applications are closed. 29-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SR C.S(COMM DIV) No. 237 of 2026
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