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2019 Supreme(Bom) 223

S.J.KATHAWALLA
DARSHAN JAIN – Appellant
Versus
PIYUSH SURANA – Respondent


Advocates:
Advocate Appeared:
Vinod Bhagat, Adv., Laher Shah, Adv., G.S. Hegde, Adv., V.A. Bhagat, Adv., M.M. Vashi, Adv., A. Devkar, Adv., M.P. Vashi, Adv., Sharan Jagtiani, Adv., Aditya Pimple, Adv., Shetty, Adv., Piyush Surana, Adv.

JUDGMENT :

S.J. KATHAWALLA, J.

1. The above Contempt Petition is filed by Shri. Darshan Jain/Petitioner No.1 and Shri. Indrakumar Jain/Petitioner No.2 (Original Plaintiff Nos.1 and 2 respectively) in Commercial IP Suit (L) No.1533 of 2018 (the 'said Suit') against Shri. Piyush Surana - Respondent (Original Defendant).

2. The brief facts which have led to the filing of the above Contempt Petition are as under :

2.1. The Petitioner No.1 is a graphic designer engaged in creating and designing digital textile print drawings since more than one and a half decade. The digital textile print drawings created by the Petitioner No.1 are used as patterns in the form of templates which are to be printed on various fabrics. Such textile design print drawings are created by the Petitioner No.1 on the computer and then compiled into a book, wherein each book consists of 45 different digital textile print drawings/designs.

2.2. Each such textile design book is given a title and name which forms a part of the Petitioner No.1's collection. Some of the titles owned by the Petitioner No.1 are 'GARDENORD', 'DRESSAPP', 'ETHNICS & MORE', 'BRIDAL' etc. Further, every quarter these textile design books are upda





































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