M/S. Kaleesuwari Refinery ... vs M/S. Sri Amman Agro Foods
2023 Latest Caselaw 4400 Mad

                                                                            C.S.No.174 of 2020

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 18.04.2023

                                                     CORAM:

                                  THE HONOURABLE Mr. JUSTICE S.SOUNTHAR

                                                C.S.No.174 of 2020
                                                       and
                                             O.A.Nos.280 to 282 of 2020

               M/s. Kaleesuwari Refinery Private Limited,
               Represented by its Manager (Legal),
               Mr.A.Saravanan (M-43 years),
               No.53, Rajasekaran Street,
               Opp: Kalyani Hospital,
               Dr. Radhakrishnan Salai,
               Mylapore, Chennai – 600 004.                                ...Plaintiff


                                                        Vs.

               M/s. Sri Amman Agro Foods,
               No.79, Palanthadalam Village,
               Thirumudivakkam Main Road,
               Chennai – 600 044                                           ... Defendant


               PRAYER: This Civil Suit is filed under Order IV Rule 1 of O.S. Rules, 1956
               read with           Order VII Rule 1 of Civil Procedure Code, 1908 read with
               Sections 134 and 135 of the Trademarks Act, 1999 read with Sections 61 and
               62 of the Copyright Act, 1957; praying to pass the judgment and decree:-

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https://www.mhc.tn.gov.in/judis
                                                                              C.S.No.174 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 Trade Mark “Gold Winner” by using
               the offending Trade Mark “GOLD LAND” 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;


                         ii. For a permanent injunction to restrain the Defendant, their men,
               agents, associates and / or assignees or any person claiming rights from them
               from passing-off their inferior product, as that of the Plaintiff's “Gold
               Winner” edible refined sunflower oil by using the offending words “GOLD
               LAND” 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”;


                         iii. 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 “GOLD
               LAND” bearing same trade dress, color scheme and get up deceptively


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                                                                                C.S.No.174 of 2020

               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 LAND”;


                         v. Directing the Defendant, its men, agents, assignees, dealers and / or
               retailers, distributors, to surrender to the plaintiff all offending pouch /
               packing materials, label, advertising materials, hoarding, letter heads, office
               stationary and all other material containing / bearing offending mark / label
               “GOLD LAND” 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;


                         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        :   Mr.Vijayan Subramanian


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                                                                           C.S.No.174 of 2020



                                                JUDGMENT

The learned counsel for the plaintiff made an endorsement in the

plaint, seeking leave of this Court to withdraw the suit. In view of the

endorsement made by the learned counsel, leave is granted. The suit is

dismissed as withdrawn. There shall be no order as to costs. Consequently,

Original Application Nos.280 to 282 of 2020 are closed.

18.04.2023

nti Index:Yes/No Speaking Order: Yes/No

https://www.mhc.tn.gov.in/judis C.S.No.174 of 2020

S.SOUNTHAR, J.

nti

C.S.No.174 of 2020 and O.A.Nos.280 to 282 of 2020

18.04.2023

https://www.mhc.tn.gov.in/judis