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Madras HC granted interim injunction restraining Sri Kanyaka Parameshwari Oil Mills from infringing

M/S.V.V.V. and Sons Edible Oils Limited Vs. M/S.Sri Kanyaka Parameshwari Oil Mills and another O.A.No.275 of 2020 in C.S.No.169 of 2020, 29th July, 2020.

Hon’ble Justice C.V.KARTHIKEYAN, of Madras High Court granted a plea for interim injunction restraining the defendants from infringing the color scheme and get up of the plaintiffs till 12.08.2020.

Under Section 29 of the Trademarks Act, 1999, protection is granted and always recognized to be granted by the Courts for the holder of a registered trademark in cases of infringement.

The plaintiff, M/s.VVV and Sons Edible Oils Limited has instituted the present suit under Sections 134 and 135 of the Trademarks Act read with relevant provisions of the Madras High Court Original Side Rules, Code of Civil Procedure and the Commercial Courts Act seeking a judgment and decree for Permanent Injunction restraining the defendants from infringing the registered composite trademark of the plaintiff by using identical color scheme and get up in trade dressing sachets and also for damages of Rs.10 lakhs and also for costs.

On 24.12.1986, when a partnership firm, the applicant had obtained registration of the trademark “Idhayam” sesame oil as a word mark as well as a composite mark, including the unique color scheme of packing (sachets) and get up (trade dressing). This “Idhayam” sesame oil has been registered under Class 29 of the Trade Marks Act. There had been subsequent renewals of the said registration. The plaintiffs had also obtained registration of the trademark “Idhayam” for various other products. It is stated that earlier, the first defendant, had attempted to infringe the unique colour scheme and get up for which protection has been granted to the plaintiff in view of registration, by selling Palm oil in a similar color sachet.

The learned Senior Counsel appearing for the plaintiff expressed grievance that the first defendant had violated the terms of the compromise which had been recognized by the Court and had once again reverted to selling Palm Oil using the same color scheme as that of the plaintiff. The second defendant is shown as the manufacturer of the Palm Oil and the names of the both the defendants are found in the sachets in which the palm oil is being marketed and sold.

The Court observed that;

In view of the fact that a prima facie case has been made out of direct infringement of the color scheme and get up of the plaintiff which is also in violation of the earlier compromise entered into between the two parties, an order of interim injunction is granted as prayed for in the present application. It is also seen that the balance of convenience is in favour of the plaintiff, since, the plaintiff has a registered trademark. Under Section 29 of the Trademarks Act, 1999, protection is granted and always recognized to be granted by the Courts for the holder of a registered trademark in cases of infringement. Further, the hardships which the plaintiff would be put if the defendant continues to use the offending sachets far outweighs, any other consideration to be placed in favour of the defendants.

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