S.R.BRAHMBHATT, K.J.THAKER
IPEG Inc. – Appellant
Versus
Kay Bee Engineers – Respondent
Kaushal Jayendra Thaker, J.
1. Heard learned counsels for the parties.
2. By way of this appeal, the present appellants - original plaintiffs begs to challenge the order dated 27th August 2015 passed by the 7th (Ad-hoc) Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur in Trade Mark Suit No. 1/2015 whereby the Ld. Judge has pleased to reject the plaint under Order - 7 Rule - 11 (d) of Code of Civil Procedure, 1908 (for short 'CPC').
3. The facts in brief as could be culled-out from the memo of the appeal are as under:-
4. That the plaintiffs are the leading manufacturers of plastic auxiliary equipments. The plaintiffs are manufacturing different auxiliary equipment for the plastic industries including loader/receiver. Various geometrical/engineering/mechanical drawing are prepared by the plaintiffs for the purpose of manufacturing the machines. Within the meaning of Sec. 2(c) of the Copyright Act, drawing including diagram, map, chart or plan are also included in the definition of "artistic work". Thus, the plaintiffs are owner of the copyright contained in above a
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