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2018 Supreme(Ker) 803

A.HARIPRASAD
Varsha Polymers – Appellant
Versus
Vajra Plastics Industry – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. P. Chandrasekhar, Sri. R. Nandagopal, Sri. K.T. Saju, Smt. Sandhya R. Nair, Sri. D. Sreekanth
For the Respondents: Millu Dandapani

JUDGMENT :

Appellants are the defendants in O.S.No.20 of 2018 before the District Judge, Ernakulam, a suit filed by the respondents invoking the provisions of Designs Act, 2000 (hereinafter referred to as “the Act”) praying, inter alia, to restrain the appellants from using the registered design of the respondents or any other design identical or deceptively similar to that of the respondents in manufacturing rainwater gutters and allied products. Along with the suit, an application for temporary injunction as I.A.No.3452 of 2018 was also filed. Court below, on considering the evidence produced and after hearing both sides, passed a temporary injunction in the following manner:

“a. Petition is allowed;

b. The respondents and their men are restrained from using the registered design of the petitioners' in manufacturing rainwater gutters and similar products in any of the respondents' business, establishments or in any of their advertisements, pending disposal of the suit.

c. The petitioners are entitled to get the costs of this petition.”

2. 1st plaintiff is a registered partnership firm incorporated under the Indian Partnership Act, 1932. 2nd plaintiff is a partner of the 1st plaintiff



























































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