Madras High Court
M/S.Kallesuwari Refinery Pvt. ... vs M/S. Rvk Oil Industries Staar ... on 12 July, 2023
C.S.(Comm.Div.)No.161 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S.(Comm.Div).No.161 of 2020
M/s.Kallesuwari Refinery Pvt. Ltd.
Rep. By its Manger (legal)
Mr.A.Saravanan
No.53, Rajasekaran Street,
Opp: Kalyani Hospital, Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600004 ...Plaintiff
Vs.
M/s. RVK Oil Industries Staar Corporation,
No.36, KGF Main Road,
Bangarpet – 563114,
Karnataka ...Defendant
PRAYER: Plaint is filed under under Order IV Rule 1 of the O.S Rules.
read with Order VII Rule 1 of CPC Rules read with Sections 134 & 135 of
the Trademarks Act, 1999, read with Section 61 & 62 of the Copyright Act,
1957, praying to pass the judgment and decree:-:-
i. For a permanent injunction to restrain the Defendant, their men,
agents, associates and /or assignees or any person claiming rights from them
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C.S.(Comm.Div.)No.161 of 2020
from infringing the Plaintiff's registered Trade Mark "Gold Winner" by
using the offending Trade Mark "GOLD RUNNER" 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 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 RUNNER" 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
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C.S.(Comm.Div.)No.161 of 2020
"GOLD RUNNER" 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 RUNNER".
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 RUNNER" 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;
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C.S.(Comm.Div.)No.161 of 2020
vii. To pay for the costs of the suit:
viii. and pass such further or other orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case and thus
render justice.
For Plaintiff : M/s.Vijayan Subramanian
For Defendant : M/s.R.Satish Kumar
JUDGMENT
The plaintiff and the defendant have entered into a compromise which
has been reduced into writing in a Joint Compromise Memo dated
09.06.2023. The Joint Compromise Memo is signed by the plaintiff and the
defendant and also by their respective counsels. The said Joint Compromise
Memo dated 09.06.2023 is taken on file.
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C.S.(Comm.Div.)No.161 of 2020
2. Accordingly this Civil Suit is decreed in terms of the Joint
Compromise Memo dated 09.06.2023. The terms of Joint Compromise
Memo signed by the plaintiff and the defendant shall form part and parcel of
this judgment and decree. No Costs.
12.07.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
shr
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.161 of 2020
P.T. ASHA, J,
shr
C.S.(Comm.Div).No.161 of 2020
12.07.2023
https://www.mhc.tn.gov.in/judis
