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2005 Supreme(Del) 1071

BADAR DURREZ AHMED
HIMALAYA DRUG COMPANY – Appellant
Versus
SUMIT – Respondent


BADAR DURREZ AHMED, J.

( 1 ) THE plaintiff, the Himalaya Drug Company, a partnership firm, has instituted this suit through Mr ravi Tikku, the Regional Manager of the plaintiff for delhi and who is also the duly constituted attorney of the plaintiff under a power of attorney being Exhibit P2. The suit has been instituted for permanent injunction, restraining infringment of copyright, passing off, rendition of accounts etc. The reliefs claimed in the suit are as under:

(I) An order for permanent injunction restraining the Defendant, its partners or proprietors as the case may be, its principal officers, servants and agents and all other acting for and on its behalf from reproducing communicating to the public, adapting, using or infringing in any other manner, the plaintiff s copyright in the herbal database as well as each herbal write up/description that comprises the herbal database, as described more fully in the plaint; (ii) An order for permanent injunction restraining the defendant, its partners or proprietor as the case may be, its principal officers, servants and agents and all others acting for and on its behalf from passing off its website as and for that of the plaintiffs



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