P.C.JAIN
AGA MEDICAL CORPORATION – Appellant
Versus
FAISAL KAPADI – Respondent
( 1 ) THE above-named plaintiff has moved this application under order 39 Rules 1 and 2 read with Section 151, CPC seeking an ad-interim injunction restraining the defendants, their officers, servants, agents, promoters, dealers, distributors and any one acting for and on their behalf from, (i) manufacturing, selling, offering for sale any of the Occlusion devices including the Blockaid Devices which are a three-dimensional reproduction of the drawings of the plaintiff s amplatzer products/devices thereby constituting infringement of the plaintiff s copyright in the said drawings, (ii) restraining the defendants from using the impugned brochures or any other material/brochures which are a substantial reproduction or a colourable imitation of the plaintiff s brochures thereby constituting infringement of copyright in the said brochures; and (iii) selling, offering for sale any of the Occlusion devices which resemble the plaintiff s devices in any manner and from making any representations that it or its products are in any way connected with the plaintiff, thereby constituting acts of passing of and unfair competition.
( 2 ) THE germane facts leading to the filing of
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