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1959 Supreme(Mad) 15

P.V.RAJAMANNAR, GANAPATIA PILLAI
C. Cunniah and Co. , by partners M. Anjaneyalu – Appellant
Versus
Balraj and Co. , by partners S. Rajaratnam Chettiar – Respondent


Advocates:
T. Venkatadri and A. K. Pavitran, for Appellants.
V. Seshadri and K. S. Ramamurthi, for Respondents.

Ganapatia Pillai, J. —

This appeal against the judgment and decree of Ramaswami, J., in C.S. No. 127 of 1953 arises out of a suit instituted by the appellants as plaintiffs for the reliefs of injunction, damages and accounts against the respondents. The appellants, Messrs. C. Cunniah and Co., are a firm of merchants carrying on business in Madras City in pictures, picture frames, etc. In 1932, according to the case in the plaint, one Sri T. M. Subramaniam drew a picture, M.O. 1 of Lord Balasubramanya and gave it the title of Mayura Priya. On 13th July, 1938, he assigned the copyright in this picture to the appellant firm. From 1940 onwards, the appellant-firm were making and selling printed copies of this picture to the public. There was, however, a temporary stoppage of the sale between 1946 and 1950 owing to scarcity of printing materials due to war conditions. However, the printing and sale were resumed from 1950 onwards. The appellant-firm got this picture registered under the Trade Marks Act of 1940 some time in 1952. Some time before October, 1952, it came to the knowledge of the appellant-firm that the respondent-firm was printing and selling copies of a close and colourable


























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