Madras High Court
C.S(COMM DIV)/244/2025 of Sri Mathangi Textiles Pvt Ltd Vs M/s Sankya Products on 14 October 2026
C.S(COMM DIV) No. 244 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
C.S(COMM DIV) No. 244 of 2025
CNR:{HCMA012287452025}
&
A No. 909 OF 2026, OA Nos. 940 & 939 of 2025, & A Nos. 4759 & 5097 of 2025
M/s.Sri Mathangi Textiles Private Limited, 46 A, Panapakkam Road, Nemili, Vellore, Tamil Nadu 631051 Additional place of business No.
2/49, New No. 131,132, Coral Merchant Street, Mannady, Chennai, Tamil Nadu 600001.
Represented by its Director Mr. Suresh
Gadigachalam.
..Plaintiff
Vs
M/s.Sankya Products
Guru Nivas,
Milk Society Subramani Street,
Suval pettai,
Arakkonam-631001
Rep.by its Proprietor,
Mr.T.V.Yuvarajan
..Defendant
a) A permanent injunction restraining the Defendant, themselves, its proprietor/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers representatives, assigns and all other persons claiming through or under them from manufacturing, selling, distributing or in any manner dealing with handkerchiefs or any textile goods using the trademark or label identical or deceptively similar to the Plaintiffs registered trademarks and label NANDU
BRAND, NANDU ELITE, VSG amounting to infringement of the Plaintiffs
C.S(COMM DIV) No. 244 of 2025
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registered trademark and label or in any other manner for promoting its products whatsoever.
b) A permanent injunction restraining the Defendant, themselves, its proprietor/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers representatives, assigns and all other persons claiming through or under them from manufacturing, selling, distributing or in any manner dealing with handkerchiefs or any textile goods using the label, trade dress, get-up, packaging and presentation identical with or deceptively similar to that of the label, trade dress, get up, packaging or presentation of the Plaintiffs handkerchiefs under the mark NANDU BRAND, NANDU ELITE, VSG or any of its variants amounting to passing off of the Plaintiffs products in any manner whatsoever.
c) A decree for delivery up of the impugned goods of the Defendant including the sandwich-shaped packaging, the distinctive wooden display tray, plates and engraving printed materials such as brochures or other promotional material or any other material bearing or depicting the deceptively similar label, trade dress and get-up as that of the Plaintiffs label, trade dress and get-up, to an authorised representative of the Plaintiff for destruction.
d) An order for rendition of accounts of profits illegally earned by the Defendant and a decree for an amount so found due or in the alternative.
e) The Defendant be ordered to pay to the Plaintiff a sum of Rs.
10,00,000/- towards compensatory and punitive damages for committing acts of trade dress infringement and passing off with respect to the Plaintiffs label, trade dress, get-up, product packaging and presentation.
f) An order for costs of the proceedings.
C.S(COMM DIV) No. 244 of 2025
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For Plaintiff:
M/s.Shruthi Srinivasan
For Defendant:
M/s.A.Swaminathan
JUDGMENT
Pending suit, the parties have negotiated for an amicable settlement and have reduced the terms of settlement to writing, in and by a memorandum of compliance dated 14.10.2026, which is duly signed by both the plaintiff and the defendant and their respective counsel.
2. On going through the terms of compromise, I find that the defendants have agreed to modify the impugned packaging, which is the subject matter of the suit and complaint of violating the plaintiff’s rights.
3. In the light of the above, the defendant having agreed to modify his package and also undertaking not to manufacture, sell or use the impugned packaging, which is the subject matter of the present suit and has also undertaken to discontinue the use of the impugned packaging and further undertakes that the revised packaging, which has been captured in the compromise memo, will be adopted hereafter, I see no reason to not record the joint compromise memo dated 14.10.2026.
C.S(COMM DIV) No. 244 of 2025
4. The suit is decreed, in terms of the Joint Compromise Memo dated 14.10.2026. The said joint compromise memo shall form part and parcel of the decree in favour of the plaintiff. Connected Original Applications and Applications are closed. No costs. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
C.S(COMM DIV) No. 244 of 2025
P.B.BALAJI J. ATA C.S(COMM DIV) No. 244 of 2025 AND A NO. 909 OF 2026,OA NO. 940 OF 2025,OA NO. 939 OF 2025,A NO. 4759 OF 2025,A NO. 5097 OF 2025 14-10-2026
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