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DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Michael Casey Enterprises Ltd. – Appellant
Versus
TVC Sky Shop – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. The three plaintiffs have filed the two suits for permanent injunction restraining passing off, infringement of copyright, rendition of accounts, delivery etc.
2. The suits have been filed claiming that the plaintiffs are engaged in the business of marketing inter alia of health equipment; that one of the health and fitness equipment marketed by the plaintiffs is an apparatus marketed under the trade mark "AB KING PRO", designed to generate negative contractions of abdominal muscles by acting as a reverse crunch for a complete workout and a fuller range of motion; that the said equipment had been extensively advertised by the plaintiff No.3 through various media including newspapers, magazines etc. throughout the Indian sub-continent and had become popular amongst the pubic and acquired formidable goodwill and reputation; that the plaintiff No.1 is the proprietor of the said equipment and had licensed the said proprietary rights to the plaintiff No.2 who had further sub-licensed it to plaintiff No.3 for the Indian sub-continent; that the equipment is an inventive product conceived, developed and designed by the plaintiff No.1 and having a patent g
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