Point of Law: After interim injunction passed by this Court defendants has stopped using trademark of plaintiff and he has sent a letter to plaintiff informing that he is not using trademark “SPS Gopal” any further and had withdrawn his products supplied to dealers and sought for withdrawal of suit.

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 with that of the plaintiff's trademark GOPAAL or in any other manner whatsoever.

c. the Defendants be ordered to surrender to plaintiff's for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark GOPAL or any mark identical or deceptively similar to plaintiffs' trademark GOPAAL.

d. A Preliminary decree be passed in favour of the plaintiffs directing the defendants to render account of profits made by use of trademark GOPAL for edible oils and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts.

e. For costs of the suit.)

1. The suit under Trade Marks Act and Copyrights Act alleging infringement and passing off of the plaintiff’s registered mark “ GOPAAL” by the defendants.

2. The plaintiff is the manufacturers and marketers of edible oils and ghee under the brand name and trade mark “GOPAAL”. He is carrying on trade since 1978 and the products of the plaintiff has presence throughout India and abroad. The trademark GOPAAL (label) has been duly registered under No.1304613 in class 29 on 24.08.2004 and renewed subsequently. The trademark is valid till 24.04.2024. The plaintiff annual turnover for the year 2019-2020 is about 10.5 crores rupees. For advertisement during the relevant period it has spend about Rs.2.10 lacs. While the plaintiff has gained reputation and goodwill in the market for its product with trademark “GOPAAL”, in the month of November 2019, through his sales personnels the plaintiff came to know about the defendants product bearing the trademark “GOPAL” is being sold in the market. The products of the defendants under the trademark “GOPAL” with the identical trademark of the plaintiff “GOPAAL” is phonetically identical in Tamil and deceptively similar. The possibility of confusion and deception are clear and present. The plaintiff caused cease and desist notice to the defendants on 30.11.2019. The notice was received by the defendants and on receipt of the notice the first defendant caused reply dated 17.12.2019 claiming the adoption of the trademark in the year 1947 and defence of prior user. Further, the plaintiff cannot claim any exclusive right over the word “GOPAL.”

3. Just before filing the suit, the plaintiff was appraised about the pending trade mark application of the first defendant before the Registrar of Trademark. The said application dated 25.05.2019 is for the label “SPS GOPAL” for products under class 29. Several material facts suppressed in the said application hence the plaintiff has filed it opposition before the registrar of Trade marks. The defendants products under the trade mark GOPAL is identical to that of the plaintif