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DELHI HIGH COURT
J.B.GOEL
Alert India – Appellant
Versus
Naveen Plastics – Respondent
JUDGMENT :
J.B.Goel, J.
1. Application (IA No.8597/96) under Order 39 Rules 1 & 2 and section 151 C.P.C. is of the plaintiff for temporary ad-interim injunction against infringment of registered design of the plaintiff 'in respect of Soles of footwear and for passing off in a suit for permanent injunction filed by plaintiff, under section 5 3 of the Designs Act, 1911 (hereinafter called `the Act') seeking injunctions against infringement of their registered design No. 170002 in respect of Soles of footwear registered and for passing off and ancilliary reliefs of rendition of accounts, damages and for delivery and destruction of the infringing goods and the dies used for their manufacture.
2. It is alleged that the plaintiff is a partnership firm and is a leading and renowned manufacturer of Soles of Footwear; which are of superior quality and enjoy enviable reputation and position in the market-, their sales in this design have mounted to about Rs.50 Lacs; the design of their Soles of Footwear is registered as No. 170002 under the Act in the name of the plaintiff as its proprietor-, that the plaintiff on or about 10th August, 1996 came to know that the defendants are using f
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