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1990 Supreme(Mad) 1135

VENKATASWAMY, ABDUL HADI, P.K.SETHURAMAN
Brooke Bond (India) Limited – Appellant
Versus
Sona Spices Private Limited – Respondent


Appearing Advocates:Unr Rao, C. Daniel, M/s. T. M. Hariharan, P. R. Balasubramanium, Advocates.

Judgment :-

P. K. SETHURAMAN, J.

This is an application filed under Order XIV Rule 8 of O.S. Rules and Order 39 Rules 1 and 2 C.P.C. praying for an interim injunction restraining the respondent, their servants, agents heirs, successors and assigns, printers and distributors, wholesalers and stockists of any of them from using the impugned packets/pouches being Documents Nos. 44 to 51 or any other packets or pouches or artistic works which are similar or which are a colourable imitation of the artistic work in the plaintiff's registered copyright as found in Document Nos. 28 to 36 pending disposal of the suit.

2. In the affidavit filed in support of the application by the legal Manager of the applicant/plaintiff company, it has been stated that the suit has been filed by the plaintiff complaining of the acts of infringements committed by the respondent in which the impugned labels are identical to and/or deceptively similar to and a colourable imitation of the artistic work subsisting in the plaintiff's registered copyright. The plaintiff is also complaining against the acts of passing-off committed by the defendant by using labels which are deceptively and or confusingly similar to t













































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