Chennai: The Madras high court has restrained M/s ABI and Company and eight other companies from infringing M/s Kaleesuwari Refinery's reputed and well known registered trade mark 'Gold Winner' by using the offending trade mark 'Gold Power' or any mark or word deceptively similar to its trade mark for any edible oil marketed by them.
Justice S.Vaidyanathan granted the interim injunction on the suits filed by M/s Kaleesuwari Refinery Private Limited.
According to Vijayan Subramanian, counsel for the plaintiff, the company was leading market leader in the refined sunflower oil and edible oil sector and has been marketing the product with its reputed brand "Gold Winner" over a period of over 25 years since 1993. It maintains high standard and quality for its products since the inception and enjoys enviable reputation and goodwill among the consumers. The plaintiff's Gold Winner label and pouch was very attractive, stylish and captivating. The artistic work of Gold Winner refined sunflower oil was unique and has translated into stupendous success for the plaintiff in the market and making it one of the highest purchased products in the market, he added.
He said the trademark Gold Winner has become a very popular brand owing to its use and continued advertising through print, electronic and internet media. The trademark Gold Winner has become a common household name as the plaintiff has spent crores of rupees towards advertising their products in all forms of media. Moreover, the plaintiff has beenmarketing the products under the trademark Gold Winner not only in India but also in other countries such as Singapore, Malaysia, Sri Lanka and Middle East.
While so, some unscrupulous traders wanting to take illegal advantage and enrich themselves at the popularity and reputation of the plaintiff's trade mark Gold Winner and artistic work in the plaintiff's pouch, were now resorting to adopt the similar trademark and trading style along with the colour combination used for the plaintiff's product. Except the plaintiff, no one has any right to use the said trademark and trading style.
The obvious intention of the unscrupulous traders was only to take advantage of the enormous popularity of the trademark and trading style Gold Winner and to enrich themselves at the well and hard earned reputation of the plaintiff, Vijayan Subramanian added.
