LAWS(MAD)-2020-7-56

KALEESUWARI REFINERY PRIVATE LIMITED Vs. GREENS TRADING COMPANY

Decided On July 24, 2020
Kaleesuwari Refinery Private Limited Appellant
V/S
Greens Trading Company Respondents

JUDGEMENT

(1.) The suit has been filed by M/s. Kaleesuwari Refinery Private Limited, a Private Limited Company registered under the Companies Act 1956 claiming that they are market leaders in edible oil business and that in April 2009, they had launched a unique lamp oil with a blend of 5 oils, namely, refined castor oil, sesame oil, coconut oil, refined mahua oil and refined rice brand oil. This has been marketed under the brand name "DHEEPAM". The plaintiff has also business in edible oil such as sunflower oil, groundnut oil, olive blended oil etc., under the trade name "Gold Winner", "Cardia Life". The plaintiff has registered the same under the Trade Marks Act 1999. The oil product "DHEEPAM" is marketed through out the country. The label is very stylish and captivating and there is a distinct colour scheme with a striking resemblance to a Gopuram of Hindu temple. It is also a scented oil. The design of the bottle is also unique and is registered under the Designs Act in Registration No. 245127. The Trade Mark "DHEEPAM" has been registered under the Trade Marks Act in Registration No. 2320404.

(2.) It is claimed by the plaintiff that the defendant is using the offending label "RAHA DEEPAM" and imitating of plaintiff's getup colour scheme and trade dress for marketing their lamp oil. It is under these circumstances that the plaintiff had approached the Court seeking the relief as stated above.

(3.) The defendant had been served and had been set exparte on 04.02.2020. Thereafter, the plaintiff was invited to adduce evidence.