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M. DURAISWAMY, SUNDER MOHAN
S. N. R. Dhall Mill, represented by its partner S. Vijay Kumar – Appellant
Versus
Kaleesuwari Refinary Private Limited – Respondent
JUDGMENT :
(Sunder Mohan, J.)
(Prayer : Original Side Appeal filed under Section 13(1) of Commercial Court Act, to set aside the Judgement and decree passed by this Court in C.S.No.164 of 2017 dated 26.04.2021, allow the O.S.A.)
Challenging the Judgement and decree dated 26.04.2021 made in C.S.No.164 of 2017, the appellant has preferred the above Original Side Appeal.
2. The case of the Appellant/Plaintiff's in the suit was that they were a registered partnership firm and had registered themselves with various Statutory Authorities for the purpose of their business. They were also registered under the Tamil Nadu Food Safety and Drugs Administration. In order to create the brand identity for quality products manufactured and sold by them, they conceived, adopted and used the Trade Mark ''GOLD WINNER'' since 1999 for dhall and Flour varieties. They had obtained registration for the mark ''GOLD WINNER'' (LABEL) under Class 30. They generated enormous amount of goodwill and reputation in the Trade circles and that their Trade Mark ''GOLD WINNER'' is well established and well known Trade Ma
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Appellate court interferes with trial court's refusal of interim injunction in passing off where findings on mark as generic lack pleadings support, plaintiff shows prior use/secondary meaning, and d....
Registered trademark owners are entitled to prevent unauthorized use that is likely to confuse consumers, establishing a right to seek injunction and damages for infringement and passing off.
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