Trademark and copyright infringement suit over 'Son Gold' versus 'Gold Winner' edible oil marks. Plaintiff did not press the suit since it stood already decreed by the Division Bench on 30.01.2019; the Single Judge recorded that decree.
Decree of 30.01.2019 recorded; no costs as ordered by Division Bench.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Suit No.100 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.07.2024
CORAM
THE HONOURABLE Mr. JUSTICE P.VELMURUGAN
Civil Suit No. 100 of 2017
M/s.Kaleesuwari Refinery Pvt. Ltd. Represented by its Director Mr.K.Ashok Kumar No.53, Rajasekaran Street Opp: Kalyani Hospital, Radhakrishnan Salai Mylapore, Chennai – 600 004.
... Plaintiff
Vs.
Sri Durgai Oil Stores Represented by its Proprietor Mr.I.M.Selvaraj No.2240, TNHB Villapuram Madurai – 625 011. ... Defendant
Prayer:-
Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules of this Court read with Order VII Rule 1 of Code of Civil Procedure, 1908 read with Sections 134 and 135 of Trademarks Act, 1999 read with Sections 61 and 62 of the Copyright Act, 1957, prays for a judgment and decree :-
Civil Suit No.100 of 2017
i) for a permanent injunction to restrain the defendant, its men, agents, associates and / or assignees or any person claiming rights from them from infringing the plaintiff's reputed and well known registered Trade Mark ''Gold Winner'' registered vide Trade Mark No.605323 dated 27.08.1993 and Trade Mark No.1147963 dated 01.11.2002 for Refined Sunflower Oil in class 29 of the IV Schedule to the Trademarks Rules 1999 by using the offending words ''Son Gold'' or any word/mark deceptively similar to the aforesaid Trade Mark of the plaintiff's for any edible oil marketed by the defendant, its men, agents, associates and / or assignees or any person claiming rights from the defendant.
ii) 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 ''Son Gold'' or any other mark or word and color scheme and get up deceptively similar to that of the plaintiff packing material/pouch used for their refined edible sunflower oil with distinct color scheme, get up with their reputed and well known trade mark ''Gold Winner'' for refined sunflower oil and other oil registered vide Trade Mark No.605323 dated 27.08.1993 and Trade Mark No.1147963 dated 01.11.2002.
iii) for a permanent injunction restraining the defendant from violating the plaintiff's copyright registered vide Copyright Registration No.A-68242/2005 dated 27.01.2005 in the artistic work used in the
Civil Suit No.100 of 2017
plaintiff's packing material and for pouches for refined edible sunflower oil and other edible products bearing the reputed and well known registered Trademarks ''Gold Winner'' by using the offending words ''Son Gold'' with color scheme and get up in the offending pouches and packing material deceptively similar to that of the plaintiff's colour scheme and Trade dress of the plaintiff's pouches and packing with the Trademark ''Gold Winner'' registered vide the above copyright registration certificates.
iv) 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 ''SON GOLD'' 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''.
v) for preliminary decree directing the defendant to render true account of profits made by the defendant by using the aforesaid offending label of ''Son Gold''.
vi) for directing the defendant, its men, agents, assignees, dealers and / or retailers, distributor, to surrender to the plaintiff all offending pouch/packing material, label, advertising materials, hoarding, letter heads, office stationery and all other material containing / bearing offending mark / label ''Son Gold'' with distinct color scheme, get up or any other mark visually or phonetically similar to the plaintiff's well-
Civil Suit No.100 of 2017
known trademark ''Gold Winner'' label for destruction by an order of this Court.
vii) 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 .
viii) to pay for the costs of the suit.
For Plaintiff : Mr.R.Anish Kumar For Defendant : Ms.Elizabeth Ravi --------
J U D G M E N T
Today (12.07.2024), when the matter is taken up for hearing, the
learned counsel for the plaintiff submitted that he is not pressing the suit, since the present suit was already decreed by the Honourable Division Bench of this Court in O.S.A.Nos.239 to 244 of 2018 and C.S.No.100 of 2017 on 30.01.2019. Hence, nothing survives for adjudication in the
present suit. He has also made an endorsement to that effect.
Civil Suit No.100 of 2017
the Honourable Division Bench in O.S.A.Nos.239 to 244 of 2018 and also this C.S.No.100 of 2017, is extracted hereunder:
'' By consent, the suit itself has been taken up.
''4. Pending the above Appeal, I have decided to close down by business, carried on by me, in the name and style of ''SON Gold Lite'' in blended vegetable oil, a refined lighting oil, for external use only.
x x x x
Civil Suit No.100 of 2017
file of this Honourable Court, also the label with all characteristics, as accepted by the learned Judge, being the subject matter of all the above Original Side Appeals.''
Learned counsel appearing for the respondent/defendant would submit that the suit may be decreed in terms of the aforesaid affidavit.
Civil Suit No.100 of 2017
12.07.2024
Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms
Civil Suit No.100 of 2017
P.VELMURUGAN, J
ms
C.S.No.100 of 2017
12.07.2024
1 issue framed by the court
Whether anything survived for adjudication in the suit after the Division Bench had already decreed it in terms of the defendant's affidavit dated 17.11.2018.
5 provisions across 3 enactments
Sri Durgai Oil Stores
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
