This court decreed a suit for permanent injunction and damages filed by a plaintiff against a defendant for trademark and copyright infringement based on an affidavit of undertaking filed by the defendant stating a change in logo.
Suit decreed; Affidavit of undertaking filed by defendant forming part of decree; Plaintiff to receive costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2019
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
C.S.No.148 of 2019
M/s. Kaleesuwari Refinery Private Limited,
Represented by its Manager-
Legal Mr.A.Saravanan,
No.53, Rajasekaran Street,
Opp. Kalyani Hospital, Radhakrishnansalai,
Mylapore, Chennai - 600 004. ... Plaintiff
Vs.
M/s. Shiva & Company
represented by its Proprietor
Modern Nagar, Nandavanapatti,
Dindigul 624 007 ... Defendant
Prayer:- This Civil Suit (Commercial) has been filed under Order IV Rule 1 of O.S. Rules r/w. Order VII Rules 1 of C.P.C r/w. Sections 134 & 135 of the Trademarks Act 1999 r/w. Sections 61 & 62 of the Copy Right Act, 1957 and prays for a judgement and decree against the defendant
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(a) for a permanent injunction restraining the defendant from violating the plaintiff's registered Copyright, A-68242/2005 dated 27.01.2005 in the artistic work used in the plaintiff's packing material/pouches used for packing refined edible sunflower oil and bearing its reputed registered Trademark "Gold Winner"by substituting the Trademark "Gold Winner" with the offending words "SAKTHI" 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".
(b) for a permanent injunction restraining the defendant, its
men, agents, assignee and/or associates or any person claiming rights from them from using the offending pouch/packing material bearing the offending words "SAKTHI"or any other mark or word and colour scheme and get up deceptively similar to that of the plaintiff packing material/pouch used for their refined edible sunflower oil with distinct colour scheme, get up with their reputed and well known trade mark "Gold Winner"for refined sunflower oil.
(c) for preliminary decree directing the defendant to render
true account of profits made by the defendant by using the
aforesaid offending label of "Sakthi".
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(d) 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 "Sakthi" with distinct colour scheme, get up or any other mark visually or phonetically
similar to the plaintiff's trademarks "Gold Winner" label for destruction by an order of this Court
e) to pay the costs of the suit For plaintiffs : Mr. Vijayan Subramanian, For defendant : Mr. R.Kannan JUDGEMENT
The plaintiffs have filed the present suit for permanent
injunction.
appearing for the defendant submits that they have filed an affidavit of undertaking dated 29.07.2019 stating that they have changed the logo. The said Affidavit of Undertaking is taken on record.
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submits that the suit may be decreed in view of affidavit of undertaking filed by the defendant.
Note : Issue Order copy on 14.08.2019
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KRISHNAN RAMASAMY, J.,
mrp
C.S.No.148 of 2019
06.08.2019
3 provisions across 3 enactments
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
