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2021 Supreme(Mad) 887

R. Arumugam Chettiar Sons, Rep. by its Partner, R. N. Mohanasundaram, Tiruppur – Appellant
Versus
S. P. S. Vijayaraja, Sole Proprietor, trading as SPS Selbe Enterprises, Madurai – Respondent


Appearing Advocates: For the Plaintiff:R. Sathish Kumar, Advocate. For the Defendants: D1 to D3, Set Exparte.

Judgment :-

(Prayer: Civil Suit is filed under Order VII Rule 1 of C.P.C and order IV Rule 1 of Original Side Rules, read with Sections 27, 28, 29 134, 135 of the Trade marks Act, 1999 and Sections 51, 55, 62 of the Copyrights Act, 1957.

a. Permanent injunction restraining the defendants, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing the plaintiff's registered trade mark GOPAAL under No.1304613 by using an identical trademark GOPAL or any other trademark deceptively similar to the plaintiff's registered trademark or in any other manner whatsoever.

b. Permanent injunction restraining the defendants, by themselves, their partners, men, servants, agents distributors, stockiest, representatives or any one claiming through or under them from in any manner passing off and/or enabling others to pass off the defendants' edible oils under the trademark GOPAL as and for the plaintiffs' edible oils by manufacturing, selling or offering to sell, distributing, displaying, printing, stocking, using, advertising their products with a trademark that is identical or deceptively similar wi

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