IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.11.2025 CORAM THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR C.S.(Comm.Div.) No.93 of 2023 M/s. Gemini Edibles & Fats India Limited, Plot No.64/36, Mangalapuram, Perambur, Krishnadoss Road, Chennai-600 012, Rep. by its Company Secretary & Compliance Officer, Mr.Rajesh Kumar Aggarwal. ... Plaintiff -vs-

Mr. Sharaff Satyadeva Trading as M/s.Balaji Oil Company, SY No.513, Plot No.145, 146, Sivaaappa Nagar, Kallur, Kurnool, Andhra Pradesh. ... Defendant Prayer: Plaint is filed under Order VII Rule 1 and Section 26 of the CPC Read With Sections 27, 29, 134 & 135 of the Trade Marks Act, 1999 and Sections 51, 54, 55 & 62 of the Copyright Act, 1957 & Proviso 1 to Section 7 of the Commercial Courts Act, 2015, praying to grant a judgment and decree on the following terms:-

a. A permanent injunction restraining the Defendant, its partners, successors-in-business, servants, agents, distributors, dealers, stockists, wholesalers, retailers, shop keepers, representatives, assigns and all other persons claiming through them from infringing the registered trade mark FREEDOM by the use of an almost identical mark FREEDOT or any other mark identical or deceptively similar, deceptively similar thereto in respect of any goods or services or in any other manner whatsoever;

b. A permanent injunction restraining the Defendant, themselves, its proprietor/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons climbing through or under them from manufacturing, selling, offering for sale and/or distributing edible oils from committing acts of copyright infringement by making substantial reproduction of the Plaintiff's registered copyright in the artistic work FREEDOM REFINED SUNFLOWER OIL label by use of an almost identical/deceptively similar color scheme, get up and layout for their FREEDOT label or in any manner whatsoever;

c. A permanent injunction restraining the Defendant, themselves, its proprietor/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons claiming through or under them from in any manner passing off and enabling others to pass off the Defendant's edible oils as and for the Plaintiff's edible oils by use of the trademark FREEDOT label or any other mark deceptively similar to the Plaintiff's trademark FREEDOM and the artistic work in FREEDOM REFINED SUNFLOWER OIL label in any manner whatsoever;

d. The Defendant be ordered to pay to the Plaintiff a sum of Rs.10,00,000/- as damages for committing acts of infringement of trademark and copyright and passing off;

e. The Defendant be ordered to surrender to the Plaintiff for destruction of all goods viz. edible oils, advertisement materials, packing materials, cartons, wrappers, labels and other materials and goods containing the trademark FREEDOT or any other mark similar to the Plaintiff's registered trademark FREEDOM & FREEDOM REFINED SUNFLOWER OIL label;

f. A preliminary decree be passed in favor of the Plaintiff directing the Defendant to render true and faithful account of profits earned by them by use of the trademark/label FREEDOT and a final decree be passed in favor of the Plaintiff for the amount of profit thus found to have been made by the Defendant after the latter have rendered accounts;

g. for entire costs of the suit.

For Plaintiff : Mr.Arun C.Mohan For Defendant : Ms.N.Devi

JUDGMENT

The plaintiff has filed the present suit against the defendant in respect of infringement of trademark, copyright, passing off and also claiming damages.

2. The plaintiff is a renowned company, which was incorporated in the year 2008. The plaintiff is engaged in manufacturing edible oils and other similar goods across the region. They had earlier commenced business under th