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1991 Supreme(Bom) 434

D.R.DHANUKA
Gold Seal Engineering Product Pvt. Ltd. . and others – Appellant
Versus
Hindustan Manufacturers and others – Respondent


JUDGMENT - D.R. DHANUKA, J.:---By my order dated 29th August 1991, I have dismissed the notice of motion for the reasons to be dictated separately. I now proceed to dictate the reasons for my said order.

2. The plaintiffs have filed this suit against the defendants for a permanent injunction restraining the defendants from in any manner infringing the plaintiff's registered trade mark bearing No. 28457 and /or 264759B and/or 356125B and/or 386130B and/or from using the mark "Gold Star" or the "Seal" device or the caricature of a mechanic boy with or without the words "Kartik Mistry" so as to infinge the marks set out in prayer (a) of the plaint. The plaintiffs have also prayed for a permanent injunction restraining the defendants from using the impugned label Exhibit 'K' to the plaint or any other mark or label deceptively similar to the plaintiffs' trade marks or labels so as to pass off or enable others to pass off the defendants' goods as and for the goods of the plaintiffs. By prayer (c) of the plaint, the plaintiffs have sought a permanent injunction restraining the defendants from infringing the 1st plaintiff's copyright in the defendant's original artistic work being Exhibit



































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