S. Gopi v. B. Sri Hari
Case brief
What is this about?
Deceptively similar incense-product labels bearing Goddess Gayathri were held to infringe the registered trademark and copyrighted artwork and constitute passing off. The court decreed permanent injunctions, surrender of offending materials, accounts and payment of profits, with costs.
What did the court decide?
Permanent injunctions against trademark and copyright infringement and passing off; surrender of offending materials for destruction; accounts and payment of profits; costs.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 29TH DAY OF APRIL 2021
THE HON'BLE MR. JUSTICE R. SUBRAMANIAN
C.S. No.350 of 2010
S. Gopi Proprietor, M/s.Bangalore Prasanna Perfumes, 34, Boologanathar Koil Street, Tiruchi 620 082, having his Branch at No.31, Subba Reddy Street, West Mambalam, Chennai 600 033. ... Plaintiff Vs
Mr.B.Sri Hari, Trading as M/s.Sri Maha Ganapathi Cottage Industries, Atkinson School Backside, Jaya Nagar Colony, Gollapudi, Vijayawada – 25. ... Defendant
Civil suit praying that this Hon'ble Court be pleased to pray for a
judgment and decree:
a) granting a permanent injunction restraining the defendant, its servants or agents or anyone claiming through it from in any manner infringing the plaintiff's registered trade mark “GAYATHRI” together with the device of Goddess GAYATHRI by using the offending trade mark “SRI MATA GAYATRI” together with the device of “Goddess GAYATHRI” or https://hcservices.ecourts.gov.in/hcservices/ any other mark or marks which are identical and similar to or a colourable
Issues for consideration
3 issues framed by the court
Did the SRI MATA GAYATRI label infringe the registered GAYATHRI trademark and copyrighted artistic work depicting Goddess Gayathri?
Did the defendant's use of the disputed label amount to passing off?
Was the plaintiff entitled to permanent injunctions, surrender of offending labels and accounts of profits?
Parties & counsel
- other
S. Gopi, Proprietor, M/s.Bangalore Prasanna Perfumes
- other
B.Sri Hari, Trading as M/s.Sri Maha Ganapathi Cottage Industries
Coram
R. SUBRAMANIAN
Case details
As recorded by the court registry
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