Madras High Court Decrees GOLD WINNER Trade Mark Suit After Doctor Undertakes Not To Republish Video

The Madras High Court on 2 November recorded an undertaking by a doctor not to republish a video referring to Kaleesuwari Refinery Private Limited's registered trade mark “GOLD WINNER”. The doctor had already removed the video from his social media accounts after receiving the Court's notice.

Justice P.B. Balaji decreed a suit filed by Kaleesuwari Refinery against Dr. Arun Kalyanasundaram, Director of Promed Hospitals, who undertook not to republish or circulate the video or any substantially similar content concerning the company's “GOLD WINNER” brand or any other mark owned by it. The company had sought Rs. 1 crore in damages.

The suit concerned a video dated 30 July 2026, which the doctor had uploaded on his social media platforms. Kaleesuwari Refinery, which holds the registered trade mark “GOLD WINNER”, instituted the suit alleging infringement and seeking relief under the Trade Marks Act, 1999.

The company sought Rs. 1 crore in damages and a permanent injunction restraining the doctor from publishing defamatory material relating to the brand. It also sought a mandatory injunction directing him to delete the video or audio from platforms including X, Facebook, Instagram, YouTube and WhatsApp.

In an affidavit dated 31 October 2026, the doctor stated that he regularly publishes awareness videos on social media. While creating content on unsaturated fatty acids, he had displayed and referred to the company's product bearing the mark “GOLD WINNER”.

He stated that after receiving the Court's notice on 9 September 2026, he removed the video on 31 October 2026 from all platforms under his control. He also undertook not to republish, upload, circulate or disseminate the video or any substantially similar content concerning “GOLD WINNER” or any other trade mark of the company.

Justice Balaji noted that the defendant's counsel had filed the affidavit to the satisfaction of the plaintiff company.

Accordingly, the High Court decreed the suit in terms of the undertaking contained in the affidavit and closed the connected applications.