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1994 Supreme(Raj) 332

RAJENDRA SAXENA
Lakhara and Company – Appellant
Versus
Shivkaran Bhanwar Lal Kila – Respondent


Advocates Appeared:
R.M.Bhansali, for Appellant Bhagawati Prasad, for Respondent

Honble SAXENA, J. — This Civil Misc. Appeal challenges the order dt. 8.1.92 passed by the learned District Judge, whereby he allowed plaintiff-respondents application filed under Order 39 R.l C.P.C.and restrained the defendant-appellant through a temporary injunction till the final disposal of the related civil suit from selling the Bidees with the photo, design and specialities having deceptive resemblance with the copyright trade mark of the label of Bidees, manufactured and sold by plaintiff-respondent.

(2). Briefly the relevant facts are that on 12.11.91, the respondent firm filed a suit in the court of learned District Judge, Churu against the appellant firm seeking the relief of perpetual injunction restraining the latter from selling the Bidees under a label, which may have a deceptive resemblance with the trade mark of label of Bidees, manufactured and sold by the respondent firm, which has been registered under the Copyright Act vide registration No. A-39587/83. The respondent- firm averred that the appellant-firm has Limitated its registered lable of Bidees with an intention to defraud the customers and got printed the label of Battakh Chhap Bidi, which has a deceptive res

















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