M/S.Kaleesuwari Refinery ... vs /
2021 Latest Caselaw 15384 Mad

                                                                                       C.S.No.124 of 2021
                                                                               & O.A.Nos.192 & 193 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Date : 30.07.2021

                                                       Coram::

                          THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                                                C.S.No.124 of 2021
                                           & O.A.Nos.192 & 193 of 2021

                 M/s.KALEESUWARI REFINERY PRIVATE LIMITED,
                 Represented by its Manager (Legal),
                 Mr.A.Saravanan (M-44 years),
                 No.53, Rajasekaran Street,
                 Opp: Kalyani Hospital, Dr.Radhakrishnan Salai,
                 Mylapore, Chennai – 600 004.                                    ... Plaintiff

                                                       /versus/
                 M/s.HASMITHA ENTERPRISE,
                 No.7/20,2nd Street,
                 K.V.R.Nagar, Mangalam Road,
                 Tiruppur – 641 604.                                             ... Defendant

                 Prayer: Plaint is filed under Order IV Rule 1 of Original Side Rules read with
                 Order VII Rule 1 of C.P.C Rules read with Sections 134 & 135 of Trade Marks
                 Act, 1999.


                               (a) 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 reputed and well known registered Trade Mark “DHEEPAM” by using
                 the offending Trade Mark “DEEPAM” or any mark or word deceptively similar to


                 1/4

http://www.judis.nic.in
                                                                                          C.S.No.124 of 2021
                                                                                  & O.A.Nos.192 & 193 of 2021

                 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.


                              (b). Permanent injunction to restrain the defendant its men, agents,
                 associates and/or assignees or any person claiming rights from therein from passing-
                 off their inferior product, as that of the plaintiff's “DHEEPAM” lamp oil by using the
                 offending words “DEEPAM” or any other words or mark and offending packing
                 material/pouch/bottles/Bottles deceptively similar to the plaintiff's trade mark
                 “DHEEPAM” and trade dress of “DHEEPAM”.


                              (c). Direct the defendant their men, agents, assignees, dealers and/or
                 retailers distributor to surrender to the plaintiff all offending “DEEPAM”
                 bottle/container/packing materials label, advertising materials hoarding, letter heads
                 office stationary and all other goods containing/bearing offending mark/label
                 “DEEPAM” with distinct color scheme, get up or any other mark visually or
                 phonetically similar to the plaintiff's well known trademark “DHEEPAM” label and
                 bottle/container for destruction by an order of this Court.


                              (d). To pay for the costs of the suit.


                                     For Plaintiff               : Mr.Vijayan Subramanian
                                     For Defendant               : Mr.R.Sathish Kumar




                 2/4

http://www.judis.nic.in
                                                                                 C.S.No.124 of 2021
                                                                         & O.A.Nos.192 & 193 of 2021



                                                  JUDGMENT

The Learned Counsel for the plaintiff has filed joint compromise

memo and in view of the terms of the compromise, the suit is decreed. The

compromise memo shall form part of the decree. No order as to costs.

Consequently, connected Applications are closed.

                                                                                     30.07.2021

                 Index       : Yes/No.
                 Internet    : Yes/No.

http://www.judis.nic.in C.S.No.124 of 2021 & O.A.Nos.192 & 193 of 2021

Dr.G.Jayachandran,J.

bsm

C.S.No.124 of 2021 & O.A.Nos.192 & 193 of 2021

30.07.2021

http://www.judis.nic.in