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2008 Supreme(Del) 977

S.RAVINDRA BHAT
MATTEL, INC. – Appellant
Versus
JAYANT AGARWALLA – Respondent


Advocates Appeared:
Mr. N.K. Kaul, Sr. Advocate with Mr.Praveen Anand, Ms. Swathi Sukumar, Mr. Dhruv Anand, Mr. Tarvinder Sigh and Ms. Anu Bagai, Advocates
Mr. Sushant Singh with Mr. Manav Kumar, Advocates

1. This order shall dispose off IA No. 2352/2008 preferred by the A plaintiffs under Order XXXIX Rule 1and2 of the Code of Civil Procedure, 1908, seeking an ad interim injunction restraining the defendants from infringing the trademark and copyright of the plaintiffs in the board game called SCRABBLE.

2. The first plaintiff is a company incorporated in Delaware, United States. The second and third plaintiffs, incorporated in the United Kingdom and India respectively, are wholly owned subsidiaries of the first plaintiff. They aver to being leading manufacturers of toys, games and consumer products. Their best selling brands include Barbie, Hot Wheels, Matchbox, Little People and a wide assortment of entertainment inspired toy lines.

.3. One of the well-known products of the plaintiffs is the board game marketed and popularized by the name SCRABBLE (hereafter referred to as the game). This word-based game challenges the players to form words on a grid; points are scored by forming such words. It is averred that over 100 million sets of the game have been sold in approximately 29 different languages. They also manufacture and market board games with SCRABBLE formative marks, like th







































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