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2018 Supreme(Raj) 112

P.K.LOHRA
Bombay Plaster Industries – Appellant
Versus
Jagdamba Plaster – Respondent


Advocates Appeared:
For the Appellants :Dr. Ashok Soni, Advocate
For the Respondents:Mr. Rajeev Purohit and Mr. R.C. Joshi, Advocates

JUDGMENT :

Mr. P.K. Lohra, J.

1. Appellant has preferred these two separate appeals under Order 43 Rule 1(r) read with Section 104 CPC to assail order dated 17th of March 2017, passed by Addl. District Judge No.4, Bikaner (for short, 'learned trial Court'), rejecting its applications, for temporary injunction in two suits for perpetual and mandatory injunction, by a common order.

2. Succinctly stated, the facts of case are that appellant plaintiff, while complaining infringement of its intellectual property rights (IPR), emanated from Trade Marks Act, 1999 (for short, 'Act of 1999') and Copyright Act, 1957 (for short, 'Act of 1957'), instituted civil suits against both the respondents for perpetual and mandatory injunction, inter-alia, on the ground that it is a manufacturer of plaster of paris and got registration of the said product under the Act of 1999 and Act of 1957 with label "Hi-Tech". It is further averred in the plaints that appellant-plaintiff is using the said label on carry-bags for outer packaging of goods displaying in English "Hi-Tech" beneath which word Gypsum is written and in the bottom there is pictorial display of a building in round circle and just on the bottom




























































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