A.RAMAMURTHI
Mars Incorporated – Appellant
Versus
Akabay Industries and Others – Respondent
The Order of the Court was as follows :
The applicant/plaintiff filed this application to grant interim injunction restraining the respondents and their men from manufacturing, selling, distributing or offering for sale milk shake machines, ice slush machines, ice cream machines bearing the mark GALAXY or any mark similar thereto to pass off and enable others to pass off the respondents milk shake, ice slush, ice cream machines as and for the applicant's product by use of the trade mark GALAXY pending disposal of the suit.
The case in brief is as follows :
The Power of Attorney of the applicant Mars, Incorporated, a corporation organised and existing under the laws of the State of Delaware, United States of America. The applicant is a world leader in branded snack foods, petcare products, main meal foods, electronic payment systems and drinks vending. The applicant employs approximately 30, 000 persons with manufacturing facilities in more than 30 countries, including commonwealth countries. The applicant is the proprietor of the trade mark GALAXY in respect of chocolates in 1960 and extended its use to ice creams in 1990. Besides GALAXY, some of the world's renowned confe
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