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2023 Supreme(Ker) 435

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Mariyas Soaps and Chemicals, Rep. by its Authorised Signatory, Soji Thomas – Appellant
Versus
Wipro Enterprises Limited – Respondent


Advocates Appeared:
For the Appellant : M. Gopikrishnan Nambiar, K. John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Raja Kannan.
For the Respondent: Sri R. Sanjith.

JUDGMENT :

P.G. Ajithkumar, J.

Defendants in O.S.No.42 of 2022 before the VI Additional District Court, Ernakulam are the appellants. They are aggrieved of the order of prohibitory injunction against them dated 20.03.2023 in I.A.No.2 of 2022 in O.S.No.42 of 2022. Assailing that order, they have filed this appeal under Order XLIII, Rule 1(r) of the Code of Civil Procedure, 1908.

2. This appeal was admitted on 30.05.2023. Respondents entered appearance through their learned counsel.

3. Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondents.

4. The respondents are the owners of the registered trade mark ‘Chandrika’. Its original owner started using the said trade mark for his products in 1940. That trade name was registered in 1947. They got all India registration in 1976. Products of the respondents, especially Ayurvedic soap, is the most trusted product in the Country. They could garner immense goodwill and reputation among the customers. Not only the brand name 'Chandrika', but its labels and packaging also have trade mark regist

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