Madras High Court
M/S.Kaleesuwari Refinery ... vs M/S.Subhalakshmi Agro Foods on 11 August, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Comm.Div.) No.354 of 2020
and O.A.Nos.669 to 671 of 2020,
A.No.2930 of 2020
M/s.Kaleesuwari Refinery Private Limited,
Rep. by its Manager (Legal),
Mr.A.Saravanan,
No.53, Rajasekaran Street,
Opp.Kalyani Hospital, Dr.Radhakrishnan Salai,
Mylapore, Chennai 600 004. .. Plaintiff
vs
M/s.Subhalakshmi Agro Foods,
No.349, Paalimedu, Poondurai Main Road,
Kasapettai, Erode 638 115. ...Defendant
Prayer:Civil Suit filed under Order IV Rule I of the O.S.Rules Read with
Order VII Rule I of C.P.C., Section 134 and 135 of the Trademarks Act,
1999 and Sections 61 and 62 of the Copyright Act, praying for the
following:
a) For permanent injunction to restrain the defendant, their
men, agents, associates and/or assignees or any person claiming rights
from them from infringing the plaintiff's registered trademark “Gold
Winner” by using the offending trademark “MAHA GOLD” or any mark
or word deceptively similar to the aforesaid trademark of the plaintiff's
for any edible oil marketed by the defendant, their men, agents,
associates and/or assignees or any person claiming rights from the
defendant.
b) For a permanent injunction to restrain the defendant its men,
agents, associates and/or assignees or any person claiming rights from
https://www.mhc.tn.gov.in/judis/
2
their from passing-off their inferior product, as that of the plaintiff's
“Gold Winner” edible refined sunflower oil by using the offending words
“MAHA GOLD” or any other words or mark and offending packing
material and pouch deceptively similar to the plaintiff's trademark “Gold
Winner” and Trade dress for “Gold Winner”.
c) permanent injunction restraining the defendant from
violating the plaintiff's copyright in the artistic work used in the
plaintiff's packing material/pouches used for packing refined edible
sunflower oil and bearing its reputed and well known registered
trademarks “Gold Winner” by substituting the trademark “Gold Winner”
with the offending words “MAHA GOLD” bearing the same trade dress,
color scheme and get up deceptively similar to that of the plaintiff's
colour scheme and trade dress in the packing material/pouch bearing
trademark “Gold Winner”.
d) For preliminary decree directing the defendant to render true
account of profits made by the defendant by using the aforesaid
offending label of “MAHA GOLD”.
E) Directing the defendant, its, men, agents, assignees, dealers
and/or retailers, distributors, to surrender to the plaintiff all offending
pouch/packing material, label, advertising materials, hoarding, letter
heads, office stationary and all other material containing/bearing
offending mark/label “MAHA GOLD” with distinct color scheme, get up
or any other mark visually or phonetically similar to the plaintiff's
trademark “Gold Winner” label for destruction by an order of this Court.
f) For erasure, removal or obliteration from all infringing
goods, materials or articles in the possession or control of the defendant
with the offending mark/labels and pouches deceptively similar to the
plaintiff's “Gold Winner” refined sunflower oil;
g) To pay for the costs of the suit.
For Plaintiff : Mr.Vijayan Subramanian
For Defendant : Mr.S.Anandakumar
https://www.mhc.tn.gov.in/judis/
3
JUDGMENT
The suit is filed for permanent injunction restraining the
defendant from using the registered trademark of the plaintiff either
identically/similar/deceptively similar.
2.On receipt of the suit summon, the parties entered into a
compromise and a Joint Memo of Compromise dated 02.08.2021 signed
by the parties and their respective counsel is filed. Recording the same,
the suit is decreed as per the terms of the compromise. The said
compromise memo shall form part of the decree. No costs. The
connected applications are closed.
11.08.2021
vri
https://www.mhc.tn.gov.in/judis/
DR.G.JAYACHANDRAN,J.
Vri
C.S.Nos.354 of 2020
11.08.2021
https://www.mhc.tn.gov.in/judis/
