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1989 Supreme(Mad) 374

SRINIVASAN
Brooke Bond India Limited – Appellant
Versus
Balaji Tea (India) Private Limited – Respondent


Appearing Advocates:C. Daniel, V. Veeraraghavan, A. Prabhakara Reddy, Advocates.

Judgment :-

Srinivasan, J.

These applications are filed by the plaintiff who has prayed for the reliefs of injunction restraining the defendants from committing infringement of the Copyright and trademark and from passing of its goods as that of the plaintiff besides a decree to the defendant to render accounts of the profits earned by it and to surrender to the plaintiff all the cartons, labels packets and any other printed matters containing or consisting of the offending artistic work of trade mark together with blocks used for purposes of printing the same for destruction. The case of the plaintiff as set out in the plaint is as follows : The plaintiff carries on business as manufacturers, marketers and exporters of Tea and other consumer goods on a large scale with an annual sales turnover of about Rs. 400 crores. The plaintiff business having been established in the year 1912, has gained very valuable reputation and goodwill especially in the tea trade. One of the popular brands of tea which the plaintiff sells is "Super Dust Tea", which is being sold since 1968 in various sizes of packets. The marketing of the tea with the banner "Super Dust Tea" was being done under four reg









































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