R.JAYASIMHA BABU, C.NAGAPPAN
Needle Industries (India) Limited, Chennai – Appellant
Versus
Sanjay Jaiswal and Others – Respondent
R. Jayasimha Babu, J.
The appellant is the registered owner of the copyright in the 'pony label', the registration number being A/346861/81 dated 2.11.1981.
2. The annexure to the Registration Certificate which sets out the label is as under :
3. The appellant, which is the leading manufacturer in the country for all kinds of needles is also the owner of several trade marks with the name 'pony'. It holds seven trade mark registration certificates for goods under class 26, 4 certificates for goods under class 10, one under class 8 and two under class 4. It's marks, as also the marks used by the defendants which is practically a replica of the plaintiff's mark are as under;
4. The earliest of the registration certificate is dated 7.7.1971. As the name of the appellant 'Needle Industries Ltd.' indicates, it's primary activities are manufacturing and marketing needles. The registration obtained for it's mark under class 26 relate to things used in knitting, stitching and tailoring primarily. The goods in respect of which such registration has been obtained in class 26 include knitting needles, knitting pins, crochet hooks, snap fastners, needles of all kinds, safety pins, fastn
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