Apex Laboratories Pvt Ltd vs Medifame Biotech

C.S(COMM DIV) No. 237 of 2026
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
Mr.Nida S.
For Plaintiff:
Mr.A.K.Rajaraman
For Defendant:
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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