Madras HC: Oil firm moves court for infringement of trade mark

The Madras High Court on allowing an application moved by Kaleeswari Refinery Private Limited (KRPL) in Chennai has in an interim order restrained a Karnataka-based firm from using ‘Gold Premium’ as it is akin to the brand name ‘Gold Winner.’

Justice CV Karthikeyan passed the interim injunction on an application arising out of a civil suit moved by KRPL and issued notice to Sri Sai Shivanagere Agro Tech of Karnataka using the brand ‘Gold Premium’ returnable by July 19, 2018.

KRPL, manufacturing various edible oils submitted that they have coined and adopted the term “Gold Winner” in the year 1990, and the same has been used consistently and uninterruptedly since then with respect to the products manufactured by it.

Further noting that the instant mark ‘Gold Winner’ is KRPL’s creative brainchild and qualified for registration as a trademark, KRPL alleged that some unscrupulous traders wanting to take illegal advantage and enrich themselves at the popularity and reputation of their mark ‘Gold Winner’ and artistic work in their pouch, are now resorting to adopt the similar trademark and trading style by using the word “Gold” for their refined sun flower oil Product along with the colour combination used on their product.

Contending that except them no others have no right either to adopt or use the said trademark, the plea claimed that the present dispute arises because of unfair adoption of offending trade mark ‘Gold Premium’ and deceptive imitation of their label, getup, trade dress and colour scheme by the Sri Sai Shivanagere Agro Tech, for packing and marketing their inferior sunflower oil with the aforesaid offending trademark.