Madras High Court
M/S.Kaleesuwari Refinery ... vs M/S.R.M.Traders on 8 December, 2021
C.S.No.65 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
C.S.No.286 of 2019
and O.A.Nos.446, 447 & 448 of 2019
M/s.Kaleesuwari Refinery Private Limited
Represented by its Manager (Legal) Mr.A.Saravanan
No.53, Rajasekaran Street,
Opp: Kalyani Hospital, Radhakrishnan Salai,
Mylapore, Chennai – 600 004. ...Plaintiff
.Vs.
M/s.R.M.Traders,
131-A, Pullaikottai Road, V.N.R.,
Virudhunagar,
Tamil Nadu, India – 626 001. ... Defendant
Plaint filed under Order IV Rule 1 of O.S. Rules read with
Order VII Rule 1 of C.P.C. Rules read with Sections 134 & 135 of
the Trade Marks Act, 1999 read with Sections 61 & 62 of the
Copyright Act, 1957 praying for:
i. Permanent Injunction to restrain the Defendant, their men,
agents, associates and/or assignees or any person claiming
rights from them infringing the plaintiff's reputed and well
known registered trade mark “GOLD WINNER” by using the
offending Trade Mark “WINGS GOLD” or any mark or word
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C.S.No.65 of 2021
deceptively similar to the aforesaid Trade Mark 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.
ii. Permanent Injunction to restrain the Defendant its men,
agents, associates and/or assignees or any person claiming
rights from therein from Passing-off the plaintiff's reputed
and well known registered trade mark “GOLD WINNER” by
using the offending Trade Mark “WINGS GOLD” or any mark
or word deceptively similar to the aforesaid Trade Mark 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.
iii. Permanent Injunction to restraining the Defendant from
violating the Plaintiff's registered Copyright, A-68242/2005
dated 27.01.2005 in the artistic work used in the Plaintiff's
packing material/pouches used for packing refined edible
sunflower oil and bearing its reputed registered Trademark
“Gold Winner” by substituting the Trademark “Gold Winner”
with the offending deceptively similar to that of the Plaintiff's
colour scheme and trade dress in the packing material/puch
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C.S.No.65 of 2021
bearing trade Mark 'Gold Winner'.
iv. For preliminary decree directing the Defendant to render true
account of profits made by the Defendant by using the
aforesaid offending label of 'WINGS GOLD'
v. 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
'WINGS 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.
vi. To pay for the costs of the suit.
For Plaintiff : Mr.Vijayan Subramanian
For Defendant : Mr.G.Mariappan
JUDGMENT
This suit was filed with the grievance that the defendant had
infringed the registered trademark of the plaintiff and accordingly
various reliefs were sought for against the defendant.
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C.S.No.65 of 2021
2.During the pendency of the suit, the parties have arrived at
a settlement and the terms of settlement have been reduced to
writing. A joint compromise memo was filed today signed by both
the parties and their respective counsel. The terms of the
compromise are extracted hereunder:
1. The Defendant undertakes not to use the Trademark of the
Plaintiff, “GOLD WINNER” or any other mark which is similar
or identical to the Plaintiff's Trademark, in future, and the
Defendant has changed their label as “WINGS GOLD” as
projected in the design of the label attached with this memo
in Annexure-A.
2. The Defendant undertakes not to use the get up, colour
scheme, arrangement of the colour which are closely similar
to it, get up and logo of the Plaintiff's product “GOLD
WINNER” and the trade dressing of the Defendant's product
will be hereafter as projected in the design of label attached
with this memo in Annexure-A.
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C.S.No.65 of 2021
3. The Defendant undertakes to use the trade dress, colour
scheme and get up for their product “WINGS GOLD” as
attached with this memo in Annexure-A.
4. The Defendant undertakes not to pass-off the goods as and
for those of the plaintiff's by adopting the similar or identical
get up, colour scheme, arrangement of the colour, get up and
logo of the plaintiff's product “GOLD WINNER” and its
pouch/packing material.
5. The Defendant had already stopped his business with the
infringed label and he had no stocks with impugned label.
The plaintiff hereby agrees that the defendant shall be
entitled to use trademark “WINGS GOLD” as mentioned in
Annexure-A.
6. The Defendant shall not further violate the Plaintiff's
Copyright in the artistic work used in the packing pouches of
the Plaintiff from the date of signing this Joint Memo of
Compromise.
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N. ANAND VENKATESH, J.
ssr
7. The Defendant undertakes to compensate the Plaintiff
sufficiently with damages if it violates any of the clauses of
this Memo of Compromise.
3.In view of the above, the suit is decreed in terms of the
Memorandum of Compromise and the Memorandum of Compromise
shall form part of the decree. Considering the facts and
circumstances of the case, there will be no order as to costs.
Consequently, connected applications are closed.
08.12.2021
Index : Yes/No
Internet : Yes/No
speaking order/Non-speaking order
ssr
C.S.No.286 of 2019
and O.A.Nos.446, 447 & 448 of 2019
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