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1997 Supreme(Mad) 478

SHIVARAJ PATIL, P.D.DINAKARAN
TTK Textiles Ltd. No. 6 Cathedral Road, Madras – Appellant
Versus
Seagull Clothing (Pvt. ) Ltd. , and another – Respondent


Advocates:
Mr. CA.Sundaram, Senior Counsel for M/s.Mohan Associates for
Petitioner. Mr. U.N.R. Rao, Senior Counsel for Mr.C. Daniel for Respondents.

Judgment :-

Shivaraj Patil, J.

1. The plaintiff in C.S.No. 6 of 1997 has filed these appeals aggrieved by the judgment and order dated 12. 1997 passed by the learned single Judge dismissing O.A.Nos.7, 8 and 9 of 1997 and allowing application Nos.284 to 289 of 1997. The parties will be referred to in this Judgment as they are arrayed in C.S.No. 6 of 1997 for convenience.

2. The facts briefly stated, for the purpose of disposal of these appeals, are the following:-

The plaintiff has filed the said suit C.S.No.6 of 1997 seeking the relief of (a) Permanent injunction restraining the defendants by themselves, their directors, servants, agents, heirs, legal representatives, assigns, distributors, stockists, representatives or any of them from in any manner infringing the plaintiffs copyright in artistic work ‘SEAGULL’ by use of an identical artistic work SEAGULL or any other artistic work which is a substantial reproduction of plaintiff’s artistic work SEAGULL or in a ny other manner whatsoever;

.(b) grant of perpetual injunction restraining the defendants or others claiming under them from in any manner passing off or enabling others to pass off the defendants goods as and for plai




















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