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2001 Supreme(Bom) 713

D.K.DESHMUKH
Smithkline Beecham Consumer Healthcare Gmbhy & others – Appellant
Versus
Hindustan Lever Limited & another – Respondent


Judgment

D.K. DESHMUKH, J.:---This Notice of Motion is taken out by the plaintiffs. The plaintiffs have filed this suit seeking a decree of perpetual injunction and other reliefs on the allegation that the defendants have infringed their copyright in the drawing and the mould used for manufacture of the toothbrushes.

2. The facts that are material and relevant for consideration and decision of this Notice of Motion are as under :---

The plaintiff No. 1 in the plaint claims that the plaintiff No. 1 is a German Company having its principal place of business at Hermannstrasse 7, 77815 Buhl, Baden, Germany. The plaintiff No. 1 was formerly known as Lingner + Fischer GmbH, having changed its name to that of the plaintiff No. 1 in 1996. It has at all material times been engaged in a variety of business in the healthcare field, more particularly in the design and sale of toothbrushes. The plaintiff No. 2 is a company registered under the Companies Act, 1956, and is the exclusive licensee in India under the several copyright works. The plaintiff No. 2 advertises, markets and distributes throughout India two models of toothbursh, the AQUAFRESH FLEX and AQUAFRESH FLEX N' DIRECT. These tooth





























































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