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2004 Supreme(Del) 1023

MUKUL MUDGAL
SOCIETE DES PRODUCTS NESTLE S. A. – Appellant
Versus
GOPAL AGENCIES – Respondent


Advocates Appeared:
Anubha, DEEPAL SHARMA, Jayant Bhushan, PRATIBHA M.SINGH

MUKUL MUDGAL, J.

( 1 ) THIS interim application for interim injunction has been filed in the suit averring violation of intellectual property rights of the plaintiff by the defendants. The plaint avers as follows:-

(A) The plaintiffs had launched the Maggi Sauce in 1985 originally comprising of tomato and hot and sweet variants. In 1987 Chilli Garlic and Masala Chilli variants were also introduced. The dispute arises on account of the defendants mala fide imitation of 200 grams bottles in the variants `hot and Sweet , `chilli garlic and `masala Chilli marketed by the plaintiff since 1985 and 1987 respectively.

(B) The plaintiff s case is based upon what it avers to be its bottles which are distinctive in shape and size and have yellow coloured striated caps. The bottles have one smaller neck label and one large label on the body of the bottle. The plaintiff is a large trading concern, trading all over the world and had built an enviable reputation due to extensive advertising and other modes of communication including successful television commercials.

(C) The plaint was filed on account of the defendants marketing 200 grams bottle with identical three variants, namely, `hot and






























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