P.K.BAHRI
MODI THREADS LIMITED – Appellant
Versus
SOM SOOT GOLA FACTORY – Respondent
( 1 ) M/s. Modi Threads Limited, a company incorporated under the Indian Companies Act, has brought the suit seeking permanent injunctions against the defendants restraining them from infringing the trade mark of the plaintiff, namely, "cock BRAND" comprising of the device of the cock pertaining to threads and the yarn of the textile material and also restraining the defendants etc. from selling, advertising in any manner their threads and yarn of textile material in the impugned cartons or in similar or colourable cartons producing stylish imitation and substantial reproduction of the cartons of the plaintiff and also restraining them from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in threads and yarns of textile material under the impugned cock device and the impugned cartons or any other mark, device or carton, as may be identical to and/or deceptively similar with the trade mark and carton of the plaintiff. Relief of rendition of accounts and delivering of all the impugned articles have been also sought in the suit.
( 2 ) IN the suit the plaintiff has moved an application for grant of interim injunction till the disposal of
REFERRED TO : Hindustan Pencils Pvt. Ltd. v. M/s. India Stationery Products Co. Ltd.
Shri Swaran Singh Trading as Appliances Emporium v. Usha Industries (India)
M/s.Hindustan Lever Limited v. Bombay Soda Factory
T.I.Mahommed Zumoon Sahib v. Fathimunnissa Bibijan
James Chadwick and Bros. Ltd. v. The National Sewing Thread Co. Ltd.
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