ARUMUGHAM
Power Control and Appliances Company and Another – Appellant
Versus
Sumeet Machines Private Limited and Another – Respondent
The Order of the Court was as follows :
The above applications are filed by the applicant/plaintiff, viz., the Power Control and Appliances Company, against both the respondents herein, under Order 14, Rule-8 of the Original Side Rules, read with Order 39, Rules-1 and 2 of Civil Procedure Code, seeking the relief of ad-interim injunction to be passed against both the respondents herein, their servants, agents and men from manufacturing selling and advertising for sale of any electric mixer machine for kitchen use, using the trade mark of the applicant, 'SUMEET' in any way adopting such design deceptively similar in phonetic and visual aspects of the registered trade mark, 'SUMEET' by way of committing the infringement of the copyright of the plaintiff in their artistic work, containing in Document Nos. 1 to 3 filed along with the plaint by distributing, printing or causing to be printed the work as found in Document Nos. 4, 5 and 6 or printing, distributing and selling in any other manner infringing plaintiff's copyright; and from committing infringement of the copy right, the second plaintiff has in the artistic work shown in Document No. 7, Trade Mark Registration No.2
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