Chennai: The Madras high court has restrained M/s Lakshmi Traders from using the offending pouch/packing material bearing the offending words WINNER or any other mark or word and colour scheme and get up, deceptively similar to that of the Kaleeuswari Refinery 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.
Justice S.Vaidyanathan granted the interim injunction on an application arising out of a suit filed by Kaleesuwari Refinery Pvt.Ltd and posted to March 12, further hearing of the case.
The case of the applicant was that they were manufacturing edible oils such as sunflower oil, groundnut oil, palm oil, olive oil, blended oil etc., with its well known Trade mark viz “Gold Winner”, since 1993 and they were manufacturing high standard and quality for their products since inception and enjoying reputation and goodwill among the consumers.
According to applicant, the M/s Lakshmi Traders has infringed the Trade mark and Copyright of the applicant’s product, by using the same colour scheme and get up for their product “WINNER”, which was deceptively similar to that of the applicant’s product. In this regard, the applicant sent a Cease and Desist Notice dated September 22, 2018 to Lakshmi Traders and requested them to cease and desist from using the mark ‘WINNER” and the similar trade dress in terms of layouts, get up and colour combination.
In its reply dated October 12, 2018 to the applicant, Lakshmi Traders has stated that they have been continuously using the trade mark “WINNER” Naturally Fresh from June 11, 2004 for edible oils and it has a distinctive logo.
The judge said it was represented by the counsel for the applicant that it was suffice if Lakshmi Traders changes the colour combination of their product “WINNER” and that the applicant has no objection for the Trademark used by Lakshmi Traders, as they were mainly concerned about the Copyright infringement. “A comparison of the applicant’s ‘Gold Winner’ pouch with that of Lakshmi Traders “WINNER” pouch, would make it clear that the colour combination of both brands including the colour of the letters depicted on the pouch, are almost similar. In view of the above, as the balance of convenience lies in favour of the applicant, this court is of the view that the copyright of the applicant’s brand should be safeguarded”, the judge added and granted the interim injunction....