M.N.VENKATACHALIAH, S.MOHAN
POWER CONTROL APPLIANCES – Appellant
Versus
SUMEET MACHINES Private LTD. – Respondent
JUDGMENT
MOHAN, J.
( 1 ) ALL these appeals can be dealt with under a common judgment. The Civil Nos. 255,1-52 of 1993 are by the first plaintiff while Civil No. 2553 of 1993 by the second plaintiff.
( 2 ) THE plaintiffs filed three suits on the file of the High court of Madras (i) C. S. No. 343 of 1992 complaining of infringement of the copyright of the first plaintiff (Power Control and Appliances Company); (ii) C. S. No. 431 of 1992 alleging the violation of the registered trade mark sumeet No. 263836 in Part-A in Class 7 for machines (electric) for kitchen use; (iii) C. S. No. 432 of 1992 claiming the design registeration in the whipper Blade of the power operated mixies.
( 3 ) PENDING these suits, four application Nos. 226, 227, 271 and 272 of 1992 were taken out, two in C. S. No. 343 of 1992 and one each in C. S. Nos. 431 and 432 of 1992 respectively.
( 4 ) THE facts are common to all the suits and the applications. In C. S. No. 343 of 1992 in the Application Nos. 226 and 227 of 1992, the plaintiffs prayed for an interim injunction to restrain the respondents (defendants) from using, distributing, printing or causing to be printed the work as contained in Document Nos. (1 receip
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