Madras High Court
M/S.Kaleeswari Refinery Private ... vs M/S.Sri Dhanalakshmi Traders on 4 November, 2022
C.S.No.118 of 2021 (Comm Suits)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.11.2022
Coram
THE HONOURABLE MR. JUSTICE M.SUNDAR
C.S.No.118 of 2021
(Comm Suits)
& O.A.Nos.176 to 178 of 2021
M/s.Kaleeswari 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 ... Petitioner
vs.
M/s.Sri Dhanalakshmi Traders
No.105, Kollyanur Cross Road
Koliyanur
Villupuram – 605 103 ... Respondent
Civil Suit filed under Order IV Rule 1 of O.S.Rules read with Order VII
Rule 1 CPC read with Sections 134 and 135 of the Trade Marks Act, 1999
read with Sections 61 and 62 of the Copyright Act, 1957 seeking 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 “Niju 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; for a permanent injunction to restrain the defendant their
men, agents, associates and / or assignees or any person claiming rights from
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therein from Passing Off their inferior product, as that of the Plaintiff's “Gold
Winner” edible refined sunflower oil by using the offending words “NIJU
GOLD” 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 for “Gold Winner”; permanent injunction restraining the
defendant from violating the Plaintiff's copyight 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 “NIJU GOLD” 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”; for a
preliminary decree direct the Defendant to render true account of profits
made by the defendant by using the aforesaid offending label of “NIJU
GOLD”; directing the defendant its men, agents, assignees, dealers and /or
retailers, distributors to surrender to the Plaintiff all offending pouch/packing
material, label, advertising material, hoarding, letter heads, office stationary
and all other material containing / bearing offending mark/ label “NIJU
GOLD” with distinct color scheme, get up or any other mark visually or
phonetically similar to the Plaintiff's trademark “Gold Winner” label for
distribution by an order of this Court, 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 and to pay for the costs
of the suit.
For petitioner : Ms.Preetha Natarajan
for Ms.Vijayan Subramanian
For Respondent : Ms.R.Meenal
JUDGEMENT
Captioned suit is listed under the cause list caption 'FOR RECORDING
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C.S.No.118 of 2021 (Comm Suits)
MEMO OF COMPROMISE'.
2. Ms.Preetha Natarajan, learned counsel representing Mr.Vijayan
Subramanian, counsel on record for sole plaintiff and Ms.R.Meenal, learned
counsel on record for lone defendant are before this Commercial Division.
3. Both learned counsel submit that plaintiff and defendant i.e., parties to
the captioned suit have arrived at a settlement and terms of the settlement
have been reduced to writing vide a 'JOINT COMPROMISE MEMO dated
12.09.2022' [hereinafter 'JC Memo' for the sake of convenience and clarity].
There are two annexures forming part of the JC Memo. A scanned
reproduction of the JC Memo together with annexures and docket is as
follows:
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4. Both learned counsel make a request that there may be a compromise
decree in terms of said JC Memo in the captioned suit.
5. As regards presence of the parties, both learned counsel submit that
there is some difficulty for the plaintiff and defendant but the said JC Memo
was signed by the parties in the presence of one another and therefore, their
presence may please be dispensed with.
6. Considering the nature of the matter and taking into account terms
and conditions which are adumbrated in the JC Memo, this request is acceded
to. Presence of the parties for recording said JC Memo is dispensed with.
7. Captioned suit is disposed of in terms of said JC Memo which shall
form part of judgment and decree. There shall be no order as to costs.
Consequently, captioned applications are also disposed of as closed.
04.11.2022
gpa
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C.S.No.118 of 2021 (Comm Suits)
M.SUNDAR.J.,
gpa
C.S.No.118 of 2021
(Comm Suits)
& O.A.Nos.176 to 178 of 2021
04.11.2022
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