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Judgment
Mr. M.M. Sundresh, J. - By consent, the suit itself taken up for disposal.
The suit is filed for the following relief:
(i) For a permanent injunction to restrain the defendant, its men, agents, associates and/or assignees or any person claiming rights from them from infringing the plaintiff''s reputed and well known registered Trade Mark Gold Winner registered vide Trade Mark No.605323 dated 27.08.1993, Trade mark No.1147963 dated 01.11.2002, and Trade Mark No.1399086 dated 16.11.2005 for Refined Sunflower Oil in class 29 of the IV Schedule to the Trade marks Rules 1999 by using the offending Trade Mark Gold Roja or any mark or word deceptively similar to the aforesaid Trade Mark of the plaintiff''s for any edible oil marketed by the defendant, its men, agents, associates and/or assignees or any person claiming rights from the defendant.
(ii) for a 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 Gold Roja or any other mark or word and color scheme and get up deceptively similar to that of the plaintiff packing material/pouch used for their refined edible sunflower oil with distinct color scheme, get up with their reputed and well known trade mark Gold Winner for refined sunflower oil vide Trade Mark No.605323 dated 27.08.1993, Trade Mark No.1147963 dated 01.11.2002 and Trade Mark NO.1399086 dated 16.11.2005.
(iii) for permanent injunction restraining the defendant from violating the plaintiff''s copyright registered vide copyright registration No.A-68242/2005 dated 27.01.2005 in the artistic work used in the plaintiff''s packing material and four pouches for refined edible sunflower oil and other edible products bearing the reputed and well known registered Trademarks Gold winner by using the offending words Gold Roja with color scheme and get up in the offending pouches and packing material deceptively similar to that of the plaintiff''s colour scheme and trade dress of the plaintiff''s pouches and packing with the Trade Mark Gold Winner registered vide the above copyright registration certificates.
(iv) for a permanent injunction to restrain the defendant, its men, agents, associates and/or assignees or any person claiming rights from therein from passing-off their inferior product as that of the plaintiff''s Gold Winner edible refined sunflower oil by using the offending words Gold Roja or any other words or mark and offending packing material and pouch deceptively similar to the plaintiff''s trade mark and trade dress for Gold Winner.
The learned counsel appearing for the plaintiff submits that in view of the specific stand taken in the counter affidavit, filed by the defendant, in Application Nos. 1159 to 1162 of 2015, swearing on 18.12.2015, the suit may be decreed and the same has also been acknowledged by the learned counsel appearing for the defendant.
In paragraph 3 of the aforesaid counter, the defendant has stated as follows:
"I respectfully submit that upon such knowledge of the order, with a view to give quietus to the issue, the respondent immediately stopped using the impugned GOLD ROJA label and I further submit that the respondent has no intention of using the impugned label in future. In view of the same, as the cause of action for the present suit and the applications filed thereunder have ceased to exist and considering the above undertaking given by me on behalf of the respondent, the present suit and the applications may be accordingly disposed off."
In view of the same, the suit stands decreed in respect of prayers (i) to (iv) in the plaint. No costs. Consequently, connected applications are closed.