Madras High Court
M/S.Kaleesuwari Refinery Pvt. ... vs M/S.Ennar Enterprises on 26 July, 2023
C.S.No.196 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S.No.196 of 2020
M/s.Kaleesuwari Refinery Pvt. Ltd.,
Rep. By its Manager (legal)
Mr.A.Saravanan
No.53, Rajasekaran Street,
Opp: Kalyani Hospital,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600004.
...Plaintiff
Vs.
M/s.Ennar Enterprises
No.51, Sira Road, Tumkur,
Bangalore – 572106.
...Defendant
PRAYER: Plaint is filed under Order IV Rule 1 of the Original Side Rules
read with Order VII Rule 1 C.P.C. Rules read with Sections 134 & 135 of
Trade Marks Act, 1999 read with Sections 61 and 62 of the Copyright Act,
1957 praying for:-
i) For a permanent injunction to restrain the Defendant, their men,
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C.S.No.196 of 2020
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 PRIME" 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 PRIME" 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
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C.S.No.196 of 2020
substituting the Trademark "Gold Winner" with the offending words
"GOLD PRIME" 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 PRIME"
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 PRIME" 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,
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C.S.No.196 of 2020
materials or articles in the possession or control of the Defendant with the
offending and pouches mark/labels "Gold Winner" refined sunflower oil;
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 Plaintiffs : M/s.Vijayan Subramanian
For Defendant : M/s.R.Satish Kumar
JUDGMENT
The plaintiff and the defendant have settled the dispute between
themselves and have reduced the compromise 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.No.196 of 2020
2. Accordingly, this Civil Suit is decreed in terms of the Joint
Compromise Memo dated 09.06.2023. The terms of the Joint Compromise
Memo dated 09.06.2023 shall form part of this judgment and decree. No
Costs.
26.07.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
shr
https://www.mhc.tn.gov.in/judis
C.S.No.196 of 2020
P.T. ASHA, J,
shr
C.S.No.196 of 2020
26.07.2023
https://www.mhc.tn.gov.in/judis
