Judgment :- (Prayer: Civil Suit is filed under Order VII Rule 1 of C.P.C and order IV Rule 1 of Original Side Rules, read with Sections 27, 28, 29 134, 135 of the Trade marks Act, 1999 and Sections 51, 55, 62 of the Copyrights Act, 1957. a. Permanent injunction restraining the defendants, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing the plaintiff's registered trade mark GOPAAL under No.1304613 by using an identical trademark GOPAL or any other trademark deceptively similar to the plaintiff's registered trademark or in any other manner whatsoever. b. Permanent injunction restraining the defendants, by themselves, their partners, men, servants, agents distributors, stockiest, representatives or any one claiming through or under them from in any manner passing off and/or enabling others to pass off the defendants' edible oils under the trademark GOPAL as and for the plaintiffs' edible oils by manufacturing, selling or offering to sell, distributing, displaying, printing, stocking, using, advertising their products with a trademark that is identical or deceptively similar with that of the plaintiff's trademark GOPAAL or in any other manner whatsoever. c. the Defendants be ordered to surrender to plaintiff's for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark GOPAL or any mark identical or deceptively similar to plaintiffs' trademark GOPAAL. d. A Preliminary decree be passed in favour of the plaintiffs directing the defendants to render account of profits made by use of trademark GOPAL for edible oils and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts. e. For costs of the suit.) 1. The suit under Trade Marks Act and Copyrights Act alleging infringement and passing off of the plaintiff’s registered mark “ GOPAAL” by the defendants. 2. The plaintiff is the manufacturers and marketers of edible oils and ghee under the brand name and trade mark “GOPAAL”. He is carrying on trade since 1978 and the products of the plaintiff has presence throughout India and abroad. The trademark GOPAAL (label) has been duly registered under No.1304613 in class 29 on 24.08.2004 and renewed subsequently. The trademark is valid till 24.04.2024. He is carrying on trade since 1978 and the products of the plaintiff has presence throughout India and abroad. The trademark GOPAAL (label) has been duly registered under No.1304613 in class 29 on 24.08.2004 and renewed subsequently. The trademark is valid till 24.04.2024. The plaintiff annual turnover for the year 2019-2020 is about 10.5 crores rupees. For advertisement during the relevant period it has spend about Rs.2.10 lacs. While the plaintiff has gained reputation and goodwill in the market for its product with trademark “GOPAAL”, in the month of November 2019, through his sales personnels the plaintiff came to know about the defendants product bearing the trademark “GOPAL” is being sold in the market. The products of the defendants under the trademark “GOPAL” with the identical trademark of the plaintiff “GOPAAL” is phonetically identical in Tamil and deceptively similar. The possibility of confusion and deception are clear and present. The plaintiff caused cease and desist notice to the defendants on 30.11.2019. The notice was received by the defendants and on receipt of the notice the first defendant caused reply dated 17.12.2019 claiming the adoption of the trademark in the year 1947 and defence of prior user. Further, the plaintiff cannot claim any exclusive right over the word “GOPAL.” 3. Just before filing the suit, the plaintiff was appraised about the pending trade mark application of the first defendant before the Registrar of Trademark. The said application dated 25.05.2019 is for the label “SPS GOPAL” for products under class 29. Several material facts suppressed in the said application hence the plaintiff has filed it opposition before the registrar of Trade marks. The defendants products under the trade mark GOPAL is identical to that of the plaintiff’s trade mark GOPAAL with only an addition of letter A, but both marks being written in the packaging in Tamil is pronounced and written identically. 4. The product involved as one and the same viz., edible oil. The plaintiff is the prior user of the trademark for this product. The defendant cannot adopt the plaintiff’s trademark and deceive the public. The infringement action of the defendants had caused irreparable loss of reputation and goodwill. The passing off action of the defendants has caused monetary loss. 4. The product involved as one and the same viz., edible oil. The plaintiff is the prior user of the trademark for this product. The defendant cannot adopt the plaintiff’s trademark and deceive the public. The infringement action of the defendants had caused irreparable loss of reputation and goodwill. The passing off action of the defendants has caused monetary loss. Hence, suit filed for the following reliefs: a. Permanent injunction restraining the defendants, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing the plaintiff's registered trade mark GOPAAL under No.1304613 by using an identical trademark GOPAL or any other trademark deceptively similar to the plaintiff's registered trademark or in any other manner whatsoever. b. Permanent injunction restraining the defendants, by themselves, their partners, men, servants, agents distributors, stockiest, representatives or any one claiming through or under them from in any manner passing off and/or enabling others to pass off the defendants' edible oils under the trademark GOPAL as and for the plaintiffs' edible oils by manufacturing, selling or offering to sell, distributing, displaying, printing, stocking, using, advertising their products with a trademark that is identical or deceptively similar with that of the plaintiff's trademark GOPAAL or in any other manner whatsoever. c. the Defendants be ordered to surrender to plaintiff's for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark GOPAL or any mark identical or deceptively similar to plaintiffs' trademark GOPAAL. d. A Preliminary decree be passed in favour of the plaintiffs directing the defendants to render account of profits made by use of trademark GOPAL for edible oils and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts. 5. This Court, after hearing the learned counsel for the plaintiff and the Learned counsel for the defendant who entered caveat, passed order of interim injunction on 30.07.2020. Thereafter, the defendant has not filed his written statement and his counsel also withdrawn his appearance. 5. This Court, after hearing the learned counsel for the plaintiff and the Learned counsel for the defendant who entered caveat, passed order of interim injunction on 30.07.2020. Thereafter, the defendant has not filed his written statement and his counsel also withdrawn his appearance. The defendants having forfeited their right to file written statement after expiry of 120 days from the date of receipt of the suit summons, this court vide order dated 22.12.2020 recorded that the defendants are set exparte and made the interim order of injunction absolute. 6. The plaintiff was examined as PW-1. Proof affidavit in lieu of chief examination filed. Ex P-1 to Ex P-10 were marked. 7. The Learned Counsel for the plaintiff submitted that, the plaintiff is the exclusive owner of the trade mark GOPAAL for the products under class 29. The certified copy of the registration certificate is Ex.P-2. The plaintiff label carrying the registered trademark is Ex.P-3. The defendants had adopted the similar trade mark of the plaintiff and deceptively using it for their products and their label is Ex.P-4. The cease and desist notice issued on behalf of the plaintiff, the reply notice issued on behalf of the defendants and the rejoinder by the plaintiffs which are marked as Ex.P-5, Ex.P-6 and Ex.P-7 respectively, will go to show that the defendants in spite of notice to desist was not inclined to stop using the registered trademark of the plaintiff. Therefore, the learned counsel for the plaintiff with these evidence, prayed for allowing the suit and pass decree as per the plaint. 8. The examination of the oral and document evidence, this Court finds that the plaintiff’s registered trade mark “GOPAAL” (label) had been used by the defendants. This evident from Ex.P-3 and Ex.P-4 labels of the plaintiff and the defendants. However, it appears after the interim injunction passed by this Court, the defendants has stopped using the trademark of the plaintiff and he has sent a letter to the plaintiff dated 12.12.2020 informing that he is not using the trademark “SPS Gopal” any further and had withdrawn his products supplied to the dealers and sought for withdrawal of the suit. This letter of the first defendant dated 12.12.2020 placed before this Court by the learned counsel for the plaintiff to take judicial notice and pass appropriate order. 9. This letter of the first defendant dated 12.12.2020 placed before this Court by the learned counsel for the plaintiff to take judicial notice and pass appropriate order. 9. Taking note of this fact, this Court is of the considered view that it is sufficient to grant the relief of permanent injunction sought in (a) and (b). In view of the undertaking given by the first defendant in his letter dated 12.12.2020.