Madras High Court
M/S.Kaleesuwari Refinery ... vs M/S.Uma Maheshvari Agro Tech on 30 July, 2021
C.S.(Comm.Div).No.120 of 2021
& A.Nos.183 to 185 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 30.07.2021
Coram::
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Comm.Div).No.120 of 2021
& A.Nos.183 to 185 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.Uma Maheshvari Agro Tech,
Umatec, 1854/1, Kolar Main Road,
Bangarpet – 563 114. ... Defendant
Prayer: Plaint is filed under Order IV Rule 1 of the Original Side Rules read with
Order VII Rule 1 of C.P.C Rules read with Sections 134 & 135 of Trade Marks
Act, 1999, read with Sections 61 & 62 of the Copyright Act, 1957.
(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 registered Trade Mark “Gold Winner” by using the offending Trade
Mark “113 GOLD COINS” or any mark or word deceptively similar to the aforesaid
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http://www.judis.nic.in
C.S.(Comm.Div).No.120 of 2021
& A.Nos.183 to 185 of 2021
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 “Gold Winner” edible refined
sunflower oil by using the offending words “113 GOLD COINS” or any other words
or mark and offending packing material and pouch deceptively similar to the plaintiff's
trade mark “Gold Winner” and trade dress of “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 “113 GOLD COINS” bearing same trade mark
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 trade Mark “GOLD
Winner”
(d). Preliminary Decree directing the defendant to render true account of
profits made by the defendant by using the aforesaid offending label of “113 GOLD
COINS”
(e). Directing the defendant, its men, agents, assignees, dealers and/or
retailers, distributors, to surrender to the plaintiff all offending pouch/packing material,
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C.S.(Comm.Div).No.120 of 2021
& A.Nos.183 to 185 of 2021
label, advertising materials, hoarding, letter heads, office stationary and all other
material containing/bearing offending mark/label “113 GOLD COINS” 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 any order of this Court.
(f). For erasure, removal and 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 the costs of the suit.
For Plaintiff : Mr.Vijayan Subramanian
For Defendant : Mr.N.C.Vishal
JUDGMENT
The parties have entered into a compromise and agreed to settle the
dispute amicably. In view of the terms of compromise entered between the parties
on 25.05.2021, the suit is decreed. The terms of compromise shall form part of the
decree. No order as to costs. Consequently, connected Applications are closed.
30.07.2021
Index : Yes/No.
http://www.judis.nic.in
C.S.(Comm.Div).No.120 of 2021
& A.Nos.183 to 185 of 2021
Internet : Yes/No.
http://www.judis.nic.in
C.S.(Comm.Div).No.120 of 2021
& A.Nos.183 to 185 of 2021
Dr.G.Jayachandran,J.
bsm
C.S.(Comm.Div).No.120 of 2021
& A.Nos.183 to 185 of 2021
30.07.2021
http://www.judis.nic.in
