(August 24, 2001) 2001 (TLS)125406

2001-DLT-93-600 :: 2001-ILRDLH-6-38

VIRUMAL PRAVIN KUMAR Vs. Needle Industries (India) Limited

SANJAY KISHAN KAUL

( 1 ) A suit was filed by the respondents against the appellant herein for permanent injunction and recovery of damages under sections 105 and 106 of the Trade and merchandise Marks Act, 1958 (hereinafter referred to as the act) read with section 1962 of the Copyright Act, 1957. The suit is in respect of Snap Fasteners and the respondents claimed relief against packaging with the colour scheme orange and gray and a lay out and get up identical or deceptively similar being used by the appellant to that of the respondents under the copyright of pony Card and/or use of the trademark 555 and/or impugned cards bearing the trademark 555 apart from claiming a money decree for damages. Respondent no. 1 stated in the plaint that they were a subsidiary of a British manufacturer of hand sewing needles, knitting pins and other similar products and during its growth benefited from the technology and skilled personnel from respondent no. 2. There was a license agreement between the two respondents during the period 1963 to 1981 to