In the case of M/s. Kaleesuwari Refinery Private Ltd. v. M/s. Sri Shakthi Refineries Private Ltd., Justice Mr C.V Karthikeyan heard and disposed of the petition with a direction to the petitioner.
The petition was disposed of as both the parties signed a memorandum agreeing to specific terms and conditions. The petition was filed for:
- For issuing a permanent injunction to the defendant and their ancillaries from infringing the plaintiff’s registered Trade Mark Gold Winner by using any mark or word deceptively similar to the plaintiff trademark.
- For issuing a permanent injunction to the defendant and their ancillaries from passing off their inferior products as the plaintiff’s trademark Gold Winner by manufacturing pouch deceptively similar to the trademark or using offending words regarding it.
- For issuing a permanent injunction to the defendant and their ancillaries from violating the plaintiff’s copyright in the artistic work used in the plaintiff’s packing material or pouches for the packing of plaintiff’s Gold Winner by using packing dress and colour scheme similar to that of plaintiff’s/
- For preliminary decree directing the defendant to render an accurate account of profits made by the defendant by using the aforesaid offending label of Gold Premier.
- To direct the defendant and ancillaries to surrender the goods manufactured by defendants for destruction by order of this court.
- 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.
Memorandum of Compromise
The Memorandum of the Compromise between the parties included the following conditions that both the parties agreed to:
- The defendant agreed not to use the trademark or similar marking to that of the plaintiff with regards to Gold winner.
- The defendant undertakes not to pass-off the goods as and for those of the plaintiff’s by adopting the similar or identical get up, colour scheme, the arrangement of the colour, get up and logo of the plaintiff’s product.
- The defendant shall erase, remove, or obliterate from all infringing goods, materials or articles in his possession or control with the offending mark labels and pouches claimed to be deceptively similar to the plaintiff’s Gold Winner.
- The defendant shall not further violate the plaintiff’s copyright in the artistic work used in the packing pouches of the plaintiff. If violated, the defendant is subjected to compensate the plaintiff for his malafide action.
- The defendant agreed to compensate the plaintiff with the damages.
- Both the parties agreed to terms, final settlement of all disputes regarding the present subject matter and have no further claims against each other in regards to the present subject matter,
Decision of Court
The court disposed of the petition.
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