JUDGMENT : 1. Plaintiff is one of the leading brand-holder in the market and leader in refunded edible sunflower oil sector. Plaintiff has been marketing the products since 1991 with its reputed brand “Gold Winner” over a period of more than 25 years. 2. The Plaintiff manufactures and packs various edible oils such sunflower oil, groundnut oil, palm oil, olive oil, blended oil, etc with its well known trade mark namely “Gold Winner”, “Gold Choice”, “Cardia Life”, etc. 3. The Plaintiff is having its factories at Vengaivasal and Palani in Tamil Nadu and at Tumkur in Karnataka. These factories have also been certified as ISO 9001:2008, HACCP and ISO 2200: 2005. 4. The Plaintiff maintains high standard of quality and enjoys enviable reputation and goodwill among consumers/customers. 5. The Plaintiff’s label is very stylish and captivating. The artistic work of “Gold Winner” refined sunflower oil is unique and translated into stupendous success in the market. The Plaintiff’s product “Gold Winner” refined sunflower oil is one of the highest purchased products in the market. 6. The public in general and consumers in particular are associated to the packing material with the Plaintiff’s refined sunflower oil. 7. The Plaintiff is the registered proprietor of well known trademark “Gold Winner” for refined sunflower oil and other allied products falling under class 29 of IV Schedule to the Trade and Merchandise Rules, 1959 as amended by Trademark Rules, 2002 vide TM Nos. 605323, 1073117, 1073118, 1147963, 1208513, 1208514 & 1399086. The trademarks are valid and subsisting. 8. The Plaintiff also obtained copyright registration of the artistic work used along with trademark “Gold Winner” vide Copyright registration Nos. A-63205/2003, A-68242/2005, A-68243/2005, A-68244/2005, A-78000/2006, A-78004/2006 and A-78063/2007. These registrations are valid and subsisting. 9. The Plaintiff has also obtained registration certificate from Registrar of Singapore for the trademark “Gold Winner”. 10. The present dispute arises on account of unfair adoption of offending trademark “Jeyam Gold” and deceptive imitation of Plaintiff’s getup, trade dress and colour scheme for packing and marketing its inferior sunflower oil with the aforesaid offending mark in violation of Plaintiff’s trademark and copyright in the artistic work in “Gold Winner” pouch, cover and other packing. 11. Cause of Action arose, during 4th week of August, 2014 when Plaintiff came to know that Defendant is trading in “Jeyam Gold” with offending label. 12. 11. Cause of Action arose, during 4th week of August, 2014 when Plaintiff came to know that Defendant is trading in “Jeyam Gold” with offending label. 12. The Defendant’s product “Jeyam Gold” refined sunflower oil is deceptively similar to that of the Plaintiff’s “Gold Winner” refined sunflower oil and results in infringement of Plaintiff’s registered trademark and copyright. The Defendant is also guilty of for passing-off its products as that of the Plaintiff. 13. The Defendant appears to be engaged in packing and marketing refined sunflower oil in Coimbatore and in the neighbouring districts in the State of Tamil Nadu. 14. The Defendant intends to trade on the goodwill of the Plaintiff associated with the Plaintiff’s “Gold Winner” to cause confusion in the market to cheat consumers for unjust enrichment. 15. The Plaintiff has complied to various statutory requirements, viz. obtained license from Directorate of Health and Family Welfare Service, Food and Drug administration, compliance to Legal Metrology Act, FSSAI Act, ISO and HACCP certification. The Plaintiff is registered with various tax departments and paying all necessary taxes and duties and also complying with portions of all applicable laws in the country. 16. So far the Plaintiff has spent more than 200 crores for its promotions and advertisements. 17. Therefore, the plaintiff filed the present suit and obtained the interim order. The suit summon was served on sole defendant and thereafter none appeared and set exparte on 31.07.2019. On behalf of the plaintiff PW-1 was examined and Ex.P-1 to P-18 were marked. 18. Heard the counsel appearing for the plaintiff. This Court also perused the evidence in the plaint, proof affidavit and also perused the Ex.P-1 to Ex.P-18. On the perusal of the exhibits, according to the plaintiff, they have registered the word mark "Gold Winner" with the Registrar of Trademark. 19. The plaintiff registered the word mark "Gold Winner" and the same is filed as Ex.P2. In respect of Sunflower oil the plaintiff also registered word mark and the same are marked as Ex.P3 to P-8. Further the plaintiff also registered the word mark "Gold Winner" with the Copy Right Board and obtained the Copyright Registration Certificate. In this regard, the plaintiff also marked the extract from the Register of Copyright as Ex.P-9. Further the plaintiff also marked various other documents with regard to the registration of the word mark "Gold Winner" under different classes. Further the plaintiff also registered the word mark "Gold Winner" with the Copy Right Board and obtained the Copyright Registration Certificate. In this regard, the plaintiff also marked the extract from the Register of Copyright as Ex.P-9. Further the plaintiff also marked various other documents with regard to the registration of the word mark "Gold Winner" under different classes. On the perusal of several documents, this Court finds that the plaintiff is the Proprietor of the trade mark "Gold Winner". Further the respondent also filed the defendant pouch for “Jeyam Gold” as Ex.P-18 along with plaintiffs pouch for "Gold Winner" as Ex.P-17. The registered word mark of the plaintiff and the defendant are different. However, the defendant copied the Colour scheme, get-up and design of the plaintiff's registered trade mark. This Court also compared Ex.P-17 and P-18, on the face of it appears that defendant is copying the entire colour scheme, get-up and design of the plaintiff. This clearly amounts to infringement under Section 29 of the Trade Marks Act. 20. Therefore, the plaintiff is entitled for the relief as prayed. The present Suit is decreed with the cost of Rs.50,000/-. Consequently, connected all the connected applications are closed.