Trademark infringement occurs when a mark is deceptively similar to a registered mark, leading to consumer confusion.

1. The suit under trademarks 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 trademark "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 trademark 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 trademarks. The defendants products under the trademark GOPAL is identical to that of the plaintiff's trademark GOPAAL with only an addition of letter A, but both marks being written in the packaging in Tamil is pronounced and written identically.

4. The product involved as one and the same viz., edible oil. The plaintiff is the prior user of the trademark for this product. The defendant cannot adopt the plaintiff's trademark and deceive the public. The infringement action of the defendants had caused irreparable loss of reputation and goodwill. The passing off action of the defendants has caused monetary loss. Hence, suit filed for the following reliefs : -
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 trademark 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 plainti