Madras High Court
M/S.Kaleesuwari Refinery ... vs M/S.Sri Amman Oil Mill on 2 August, 2022
C.S.(Comm.Div.) No.121 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.121 of 2021
and O.A.Nos.186, 187, 188 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
vs.
M/s.Sri Amman Oil Mill,
No.84/88, Udayam Road,
Navakadu, Kangayam T.K.,
Muthur - 638 105. ... Defendant
PRAYER: Plaint filed under 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 Judgment and Decree:-
1/6
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.121 of 2021
(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 "GOLD RANGE" 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 plaintiff's "Gold
Winner" edible refined sunflower oil by using the offending words "GOLD
RANGE" 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".
(iii) Permanent injunction restraining the Defendant from violating the
plaintiff's copyright in the artistic work used in the plaintiff's packing material
2/6
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.121 of 2021
/ pouches used for packing refined edible sunflower oil and bearing its
reputed and well known registered Trademarks "Gold Winner" bu
substituting the Trademark "Gold Winner" with the offending words "GOLD
RANGE" 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 / pouch 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 "GOLD RANGE".
(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
"GOLD RANGE" 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.(Comm.Div.) No.121 of 2021
(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 and pouches deceptively similar to the Plaintiff's
"Gold Winner" refined sunflower oil.
(vii) To pay for the costs of the suit.
For Plaintiff : Ms.R.Roshini
for Mr.Vijayan Subramanian
For Defendant : Ms.N.Hanshika
for M/s.Ramesh Ganapathy
**********
JUDGMENT
The suit was filed for relief in respect of alleged trademark
infringement and passing off in relation to the use of the impugned mark
"GOLD RANGE" by the defendant in relation to edible oil products.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.121 of 2021
2. The parties have reached a settlement and placed the joint
compromise memo dated 05.07.2022 before Court. The said joint
compromise memo has been signed by the plaintiff and defendant and their
respective counsel.
3. As per the terms thereof, the defendant has agreed to change the
label as per the representation annexed to the joint compromise memo as
Annexure - A. Various other undertakings in relation thereto have also been
provided by the defendant. On examining the terms of compromise, I see no
legal impediment for the issuance of a decree in terms thereof.
4. Accordingly, C.S.(Comm.Div.) No.121 of 2021 is decreed in terms
of Joint Compromise Memo dated 05.07.2022, which shall form an integral
part thereof. In view of the settlement, there will be no order as to costs.
Consequently, O.A.Nos.186, 187, 188 of 2021 are closed.
02.08.2022
rna
Index : Yes / No
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.121 of 2021
Internet : Yes / No
SENTHILKUMAR RAMAMOORTHY,J
rna
C.S.(Comm.Div.) No.121 of 2021
and O.A.Nos.186, 187, 188 of 2021
02.08.2022
https://www.mhc.tn.gov.in/judis
