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2003 Supreme(Mad) 2082

N.V.BALASUBRAMANIAN, K.P.SIVASUBRAMANIAM
J. Zeenath Bivi & Another – Appellant
Versus
M. Khader Ibrahim & Others – Respondent


Advocates Appeared: For The Appellant :G.Masilamani, Sr.counsel, A.Prabhakara Reddy, Advocates. For The Respondents:R2 to R14, M.K.Rao, for S.Kanniah, Advocate, R1, P.S.Ganesh, M/s.Kuriyan & Associates, Advocate.

Judgment :-

N.V.Balasubramanian, J.

The above O.S.A. Nos.30 to 37 of 2003 are preferred against a common order passed in O.A.Nos.730 to 733 of 2002 in C.S.No.727 of 2002 and O.A.Nos.444 to 447 of 2002 in C.S.No.455 of 2002 on the file of this Court. There are two suits filed one by the appellant herein in C.S.No.727 of 2002, and another by the respondents herein in C.S.No.455 of 2002. Both the parties sought for interim injunction in their pending suits restraining the other party from infringing trademark ROJA or RAJA, from infringing copyright which the respective parties have in the artistic work contained in their registered copyright, from manufacturing, marketing, selling or advertising or packing in respect of betel nut/supari or any kind or its allied products in the course of business using the trademark ROJA or ROSE or using the trading style with the initial N.V.K.M. or claiming the source or origin of business and against the passing off action.

2. All the eight petitions were considered together by a learned Single Judge of this Court and the learned Single Judge, by common order passed on 31.12.2002, held that the respondents herein have established prima facie case an
























































































































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