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Judgment
S. Vaidyanathan, J
This Civil Suit has been filed by the Plaintiff seeking the following reliefs:
(a) Permanent injunction restraining the Defendant from violating the Plaintiff's registered Copyright in A-68242/2005, dated 27.01.2005 in the Artistic work used in the Plaintiff's packing material/pouches used for packing refined edible sunflower oil and bearing its reputed registered Trademark "Gold Winner'' by substituting the Trademark "Gold Winner" with the offending words "Winner" bearing same trade dress, colour scheme and get up, deceptively similar to that of the Plaintiff's colour scheme and trade dress in the packing material/pouch bearing Trade Mark "Gold Winner".
(b) Permanent injunction restraining the Defendant, its men, agents, assignee and/or associates or any person claiming rights from them from using the offending pouch/packing material bearing the offending words "WINNER" or any other mark or word and colour scheme and get up, deceptively similar to that of the Plaintiff packing material/pouch used for their refined edible sunflower oil with distinct colour scheme, get up with their reputed and well known trade mark 'Gold Winner' for refined sunflower oil.
(c) For preliminary decree directing the Defendant to render true account of profits made by the Defendant by using the aforesaid offending label of "WINNER".
(d) Directing the Defendant, its men, agents, assignees, dealers and/or retailers, distributors, to surrender to the plaintiff all offending pouch/packing material, label, advertising materials, hoarding, letter heads, office stationery and all other materials containing/bearing offending mark/label "WINNER" with distinct colour scheme, get up or any other mark visually or phonetically similar to the Plaintiff's trademark "Gold Winner" label for destruction by an order of this Court.
(e) To pay for the costs of the suit.
Today, when the matter is taken up for hearing, learned counsel for the parties submitted that the Plaintiff and the Defendant have entered into compromise and produced the Joint Memo of Compromise dated 25.03.2019, entered into between them. It is represented by the learned counsel for the parties that the Defendant's offending trademark, label and pouch, which are deceptively similar to that of the Plaintiff's trademark has been changed and the same will be used by the Defendant henceforth, as could be seen in Annexure-A to the Joint Memo of Compromise.
The Joint Memo of Compromise dated 25.03.2019 shall form part of the Decree. This Civil Suit is decreed in terms of the Memorandum of Compromise. No costs. Consequently, connected Original Application Nos.132 and 133 of 2019 and Application No.1188 of 2019 are closed. Refund of Court fee to the Plaintiff, as permissible under the Rules, is ordered.