CHENNAI: The Madras High Court has restrained Senthilnathan Traders in Tiruchy and two other firms, one each in Vellakovil and Hosur, from using Kaleesuwari Refinery Private Limited’s trade mark of ‘Silver Gold’ and ‘Gold’Winner’, for their products or any other words or mark offending the packing material and pouch deceptively similar to its trade mark.
Justice S Vaidyanathan granted the injunction while passing interim orders on applications arising out of civil suits from Kaleesuwari, last week. According to advocate Vijayan Subramanian, the plaintiff company had taken enormous efforts to create the reputed trade marks names.
However, the three defendant traders are using its trade mark for their products in the wholesale market at lower prices to lure dealers to sell their offending products. This factor is threatening to erode into the market share of the plaintiff company.
Even though retail price of the offending products and that of the plaintiff are comparable, the defendant appears to be targeting the wholesale dealers and distributors whose market was developed by the plaintiff company over decades at predatory price to encourage this unfair trade practice. The use of the getup, colour scheme and trade dress of the packet and the unit container by the defendant firms ought to be restrained, counsel said. The judge adjourned the matter till April 15.
Pachaiyappa’s Trust restrained from holding polls
Chennai: The Madras High Court has restrained the Pachaiappa’s Trust, including its administrator, from proceeding any further in conducting elections to the Trust. Justice R Suresh Kumar granted the injunction while passing further interim orders on an application arising out of a civil suit from Senguttuvan on Wednesday. The judge on March 5 stayed election notification.
However, the Trust, represented by its administrator Justice P Shanmugam, a retired judge of the High Court, issued the notification on the same day, as he was not aware of the order of the High Court. So, Justice Suresh Kumar said, “In continuation of his earlier order, it is ordered that the respondents, shall not proceed any further in conducting the election. ENS