Madras High Court
M/S.Kaleeswari Refinery Private ... vs M/S.Sri Dhanalakshmi Traders on 4 November, 2022
C.S.(Comm. Div) No.118 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.11.2022
Coram
THE HONOURABLE MR. JUSTICE M.SUNDAR
C.S.(Comm. Div) No.118 of 2021
& 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 therein from Passing Off their inferior product, as that
of the Plaintiff's “Gold Winner” edible refined sunflower oil by using the
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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 MEMO OF COMPROMISE'.
2. Ms.Preetha Natarajan, learned counsel representing Mr.Vijayan
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C.S.(Comm. Div) No.118 of 2021
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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M.SUNDAR.J.,
gpa
C.S.(Comm. Div) No.118 of 2021
04.11.2022
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