Madras HC restrains refinery from infringing the Gold Winner' for dhal

Chennai: Madras high court has extended by a year, the operation of its interim order restraining Kaleesuwari Refinery Private Limited from infringing the trademark by using the words "Gold Winner" or any other words identical or deceptively similar to the registered trademark of S.N.R. Dhall Mill in relation to manufacturing, distribution and sale on any of the products dealing with dhal varieties.

Justice M.Sundar extended the interim order, which was passed on March 10, 2017, by one more year on an application arising out of a suit filed by S.N.R.Dhall Mill, a partnership firm. Ramesh Ganapathy of Mission Legal Advocates, law firm, appearing for the applicant submitted that SNR Dhall Mill has been using 'Gold Winner' and the said trademark from June 1, 1999, for dhal.

Kaleesuwari Refinery, which was using 'Gold Winner' only for oil from 1993 started expanding/ diversifying its business and started using Gold Winner for dhal also from 2005. The interim order was originally granted ex-parte at the time of inception of the suit. Thereafter, Kaleesuwari Refinery had entered appearance and it was permitted to dispose of existing stocks within four weeks and it was evident from a reading of the order that this order was passed to avoid deterioration of stocks.

From the suit file placed before him, it was seen that Kaleesuwari Refinery has not filed written statement and pleadings not completed. Thirty days' time was granted to it to file written statement along with all supporting documents.
Thereafter, admission and denial of documents shall be completed within a fortnight there from. Immediately, thereafter, the suit shall be listed for hearing, the judge added.