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2005 Supreme(Mad) 596

S.ASHOK KUMAR
Metro Polymers Pvt. Ltd. & Another – Appellant
Versus
Madhu Inflatables pvt Ltd. & Another – Respondent


Advocates Appeared: For The Plaintiffs :Karthik Seshadri, Advocate. For The Defendants:A.A. Mohan, Advocate.

Judgment :-

The plaintiff has filed the suit for permanent injunction and for other reliefs against the defendants to restrain them from in any manner infringing upon the registered designs granted to the second plaintiff in respect of the manufacture and sale of the articles viz., Air Water Beds, Water Beds and Squared Water Seats/Water Cushion. This Original Application has been filed for interim injunction, for the same relief, till the disposal of the suit.

2. The brief contention of the plaintiff is that the second plaintiff has been granted with Certificate of Registration of design No.2258 for design No.190548 dated 27.11.2002, design No.2282 for design No.190549 dated 27.11.2002, and design No.2259 for design No.190550 dated 27.11.2002, which are produced in the typed set of papers from pages 1 to 15. The registrations were granted in the name of the second plaintiff, in respect of manufacture of the above articles and the second plaintiff by name Pradeep Ranganathan claims to be an employee of the first plaintiff.

3. The contentions of the respondents/defendants are (i) that the designs are not new and they are not original; (ii) that the designs are subject of prior publica


















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