Kemp and Co. and another – Appellant
Versus
Prima Plastics Ltd. – Respondent
2.The case set up by the plaintiffs is :--
The 1st plaintiff is the manufacturer of plastic toys and plastic moulded chairs and other items such as office high tech chairs and furniture. The 1st plaintiff is manufacturing and selling plastic moulded chairs of various designs including Baby chairs with design of human face with inserts which has been registered under the Design Act bearing Registration No. 16973 sic 169723 to the 2nd plaintiff. The 2nd plaintiff is marketing and selling the said plastic moulded chairs under their registered trade mark "Moderna". The defendants are also manufacturers and dealers of moulded furniture including plastic chairs of various designs, shapes, and sizes. In the year 1994, the
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