The Madras high court has stopped for time being a Karnataka edible oil firm from using the term 'Gold Premium.'
Justice C V Kartikeyan restrained Sri Sai Shivanagere Agro Tech of Tumakuru from using the term on a plea by city-based Kaleeswari Refinery Private Limited, complaining of misuse of its trademark.
The bench also issued notice to Tumakuru firm, seeking its reply to the allegation of trade mark violation by July 19. The plea had cropped up out of a civil suit by Kaleeswari Refinery Private Limited, which manufacturs edible oils under the brand 'Gold Winner.'
The petitioner alleged that the Karnataka firm was indulging in unfair adoption of trade mark and deceptive imitation of its label, getup, trade dress and colour scheme for packing and marketing its "inferior" sunflower oil.
By using "Gold Premium", the Shivanagere Agro Tech was not only diluting the trademark 'Gold Winner' but was also diluting the good will associated with Kaleeswari Refinery, thereby causing large-scale disruption, it contended.
It further said the trademark has been registered before the authority concerned and the rights acquired by it under the registered trademark was absolute and no one except Kaleeswari Refinery has the right to use such a trademark and colour pattern.
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