O.P.DWIVEDI
THRI-N-PRODUCTS PRIVATE LIMITED – Appellant
Versus
YASHWANT – Respondent
( 1 ) THIS order shall govern the disposal of IA. No. 6321/2000, which is under order 39 Rules 1 and 2 Civil Procedure Code, filed by the plaintiff in suit No. 1376/2000 seeking ad interim injunction against the defendants restraining them from manufacturing and selling footwear under the trade mark "ayoor" other mark which may be deceptively similar thereto and from doing any other thing as may lead to confusion and deception amounting to passing off the goods and business of defendants as and for those of the plaintiff. Plaintiff further seeks interim injunction restraining defendants from infringing the copyright in the artistic work titled ayoor having the particular lettering style, get-up, design, layout and plan.
( 2 ) THE plaintiff M/s Three-N-Pruduct s has filed this suit under section 105 and 106 of the Trade and Merchandise marks. Act, 1958 (for short the Act) and under section 55 of the Copy Right Act. 1957 pleading therein that the plaintiff which was earlier a partner ship firm and later on converted into a Private Limited with effect from 1/1/1993, is a renowned manufacturer of cosmetic products including creams, skin care lotions, shampoos hair care t
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