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2000 Supreme(Mad) 267

B.AKBAR BASHA KHADIRI, A.S.VENKATACHALA MOORTHY
Kaalai Malar Publications Private Limited represented by its Directors, Hema Ramasubbu and others – Appellant
Versus
Dinamalar a partnership concern having office at No. 161, Anna Salai, Chennai-2, represented by its Partners R. Venkitapathy and others – Respondent


B.Akbar Basha Khadiri, J.: All these appeals have arisen in this way:

One T.V.Ramasubbier originally started a Tamil daily under the name and style of ‘Dinamalar’ at Trivandrum, Kerala State. Thereafter, he shifted his business to Tirunelveli, wherefrom the Tamil daily ‘Dinamalar’ was published. The words ‘Dina" and Malar’ have been registered with the Registrar of Trade Marks in class 16 in registration No.302070 on 13.1.1975. Ramasubbier had left behind five sons by name, R.Venkitapathy, R.Krishnamurthy, R.Lakshmipathy, R.Raghavan and R.Sathyamurthy. The proprietary concern ‘Dinamalar’ was converted into a firm consisting of Ramasubbier and his five sons. K.Ramasubbu and K.Venkatraman are the sons of Krishnamurthi and L.Ramasubbu and L.Aadimoolam are the sons of Lakshmipathi, Hema, Bhuvaneswari, Sudha, Kalpagam are the wives of K.Ramasubbu, L.Ramasubbu, Adhimoolam and Venkataraman respectively. K.Ramsubbu, Venkatraman, L.Ramasubbu and Adhimoolam are working as Executives in Dinamalar. The above facts are not in dispute. The case of the respondents/plaintiffs is that the abovesaid four persons know the business secrecies of running a daily newspaper successfully and they tried to f






















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