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2005 Supreme(Mad) 1524

P.K.MISRA, N.KANNADASAN
Metco Polymers Private Limited and another – Appellant
Versus
Madhu Inflatables Private Limited, Chennai and another – Respondent


Advocates:
K.V. Venkatapathy, Senior Advocate for K.Moorthy, for Appellants.
A.A. Mohan, for Respondents.

P.K.Misra: The present appeal is directed against the order dated 6.4.2005 in O.A.No.731 of 2005 arising out of C.S.No.638 of 2003.

2. The said suit was filed by the present appellants under Sec.22 of the Designs Act, 2000 (hereinafter referred to as “the Act”) for permanent injunction restraining the defendants from in any manner infringing upon the Registered Designs granted to the second plaintiff in respect of the manufacture and sale of the articles, namely, Air Water Beds, Water Beds and Squared Water Seats/Water Cushion and, directing the defendants to render true and proper accounts to the plaintiffs in respect of the manufacture or sales of the Air Water Beds, Water Beds and Squared Water Seats/Water Cushion and, consequently directing the defendants to pay damages to the plaintiffs.

3. During pendency of the suit, the appellants also filed an application for interim injunction restraining the defendants / respondents from the manufacture, sale, distribution and all other connected activities relating to the products, Air Water Beds, Water Beds and Squared Water Seats/Water Cushion, imitating the registered designs granted to the second plaintiff.

4. According to the plain































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