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2004 Supreme(Mad) 1059

S.ASHOK KUMAR
Maya Appliances Private Limited – Appellant
Versus
Pigeon Appliances Private Limited – Respondent


Advocates Appeared:
Mr. T.R. Rajagopalan, Senior Counsel for M/s T. Poonkuzhali, G. Vimal & Rajinikanth Madhavan, Advocates for Applicant. Mr. T. L. Ram Mohan, Senior Counsel for M/s. A.R. Sampath, Suresh Gulecha and S. Selvakumari, Advocate for Respondents.

Judgment :

1. The applicant/plaintiff has filed the suit (i ) for a judgment and decree against the respondents/defendants for a declaration that the plaintiff is the owner of the trade mark CHEFPRO and CHEFPRO PLUS, (ii) for a declaration that the plaintiff is the absolute owner of the copyright in the lay out, colour scheme, get up, design, artistic work, etc. , of the CHEFPRO and CHEFPROPLUS series of mixer grinders and its accessories, (iii) for permanent injunction to restrain the defendants, their servants, agents, employees from in any manner passing off the defendant’s goods as that of the plaintiff’s by selling, advertising or offering to sell or using the plaintiff’s Trade Marks or any mark or product which is identical with confusingly similar or deceptively similar to the plaintiff’s Trade Marks and/or lay out, colour scheme, get up, design, artistic work, etc., of the products, and (iv) for permanent, injunction restraining the defendants, their servants, agents, employees from in any manner infringing the copyright in the design,, configuration and technical specifications, l ayout, colour scheme, get up, contents of the instruction manual, artistic work and/or literar






















































































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