Madras High Court
M/S.Kaleesuwari Refinery ... vs M/S.V.Manjunatha Agro Tech Co on 4 March, 2021
C.S.No.252 of 2020, O.A.Nos.463, 464, 465 of 2020, A.No.2271 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.252 of 2020
and O.A.Nos.463, 464, 465 of 2020
and A.No.2271 of 2020
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
..Vs..
M/s.V.Manjunatha Agro Tech Co.,
Factory No.6, Survey No.178/2,
Thimma Reddy Industrial Estate, Hoodi,
Bangalore - 560 048. ... Defendant
PRAYER : Plaint filed under and Order IV Rule 1 of the O.S.Rules read
with Order VII Rule 1 of C.P.C Rules read with Sections 134 and 135 of
Trademarks Act, 1999 read with Sections 61 and 62 of the Copyright Act,
1957, prayed for a Judgment and Decree:-
1/6
https://www.mhc.tn.gov.in/judis/
C.S.No.252 of 2020, O.A.Nos.463, 464, 465 of 2020, A.No.2271 of 2020
(i) For 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 Trademark "Gold Winner" by
using the offending Trademark "GOLDD WONDER" 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.
(ii) For a 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 the plaintiff's
"Gold Winner" edible refined sunflower oil by using the offending words
"GOLDD WONDER" or any other words or mark and offending packing
Material and tin deceptively similar to the plaintiff's trademark "Gold
Winner" and Trade dress for "Gold Winner".
(iii) Permanent injunction restraining the Defendant from violating
the plaintiff's copyright in the artistic work used in the plaintiff's packing
2/6
https://www.mhc.tn.gov.in/judis/
C.S.No.252 of 2020, O.A.Nos.463, 464, 465 of 2020, A.No.2271 of 2020
material / tin used for packing refined edible sunflower oil and bearing the
reputed and well known registered Trademarks "Gold Winner" by
substituting the Trademark "Gold Winner" with the offending words
"GOLDD WONDER" bearing 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 / tin 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 "GOLDD WONDER".
(v) Directing the Defendant, its men, agents, assignees, dealers
and / or retailers, distributors, to surrender to the plaintiff all offending tin /
packing material, label, advertising materials, hoarding, letter heads, office
stationary and all other material containing / bearing offending mark / label
"GOLDD WONDER" 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.
3/6
https://www.mhc.tn.gov.in/judis/
C.S.No.252 of 2020, O.A.Nos.463, 464, 465 of 2020, A.No.2271 of 2020
(vi) 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 / tin deceptively similar to the plaintiff's "Gold
Winner" refined sunflower oil.
(vii) To pay for the costs of the suit.
For Plaintiff : Ms.R.S.Suriya
For Defendant : Mr.K.Premchandar
*******
JUDGMENT
The parties had entered into a compromise and have reduced the
terms in a memo, termed as Joint Compromise Memo. This memo dated
24.11.2020 had been presented before the Registry on 01.03.2021. It has
been signed by the Authorized Signatory of the plaintiff and by the
Proprietor of the defendant. It has also been signed by the learned counsels.
https://www.mhc.tn.gov.in/judis/
C.S.No.252 of 2020, O.A.Nos.463, 464, 465 of 2020, A.No.2271 of 2020
2. According to the terms of the memo, the defendant had
undertaken not to use the Trademark of the plaintiff GOLD WINNER or any
mark similar or identical to the plaintiff's trademark. The defendant had also
changed their mark and the colour scheme has also been given in the
Compromise Memo. The defendant had also undertaken not to use the trade
dress or the colour scheme complained in the case.
3. In view of these facts, the suit is decreed in terms of the Joint
Compromise Memo. No order as to costs. Connected Applications are
closed. The Memo of Compromise is to form part of the decree.
04.03.2021
Index : Yes / No
Web : Yes / No
rna
https://www.mhc.tn.gov.in/judis/
C.S.No.252 of 2020, O.A.Nos.463, 464, 465 of 2020, A.No.2271 of 2020
C.V.KARTHIKEYAN, J
rna
C.S.No.252 of 2020
and O.A.Nos.463, 464, 465 of 2020
and A.No.2271 of 2020
04.03.2021
https://www.mhc.tn.gov.in/judis/
