V.PERIYA KARUPPIAH, R.BANUMATHI
Malar Network (P) Ltd. , represented by its Managing Director R. R. Gopaljeee – Appellant
Versus
Arun Prasath D. – Respondent
(Judgment of this Court was delivered by V.PERIYA KARUPPIAH, J.)
1. These appeals are directed against the order dated 08.04.2010 made in O.A.Nos.27 and 28 of 2010 in C.S.No.24 of 2010.
2. The brief facts of the cases are as follows:
(i)The Plaintiff is the appellant. The Plaintiff filed Original Applications in O.A.Nos.27 and 28 of 2010 seeking interim injunction restraining the respondent/defendant by himself, his servants, agents or assigns, or anyone claiming through them from in any manner passing off the respondent/defendant's products and services as "malar tv" or "MALAR.TV" bearing the offending trade mark with identical and/or deceptively similar colour scheme, get up and write up as and for the trade mark of the plaintiff viz., "malar tv" or "MALAR.TV" and the domain name "MALARTV.IN" and "MALARTV.COM" either by misrepresentation to the public and offering for sale or in any manner advertising on the internet or in any other communication media by dissemination of signals by using the respondent/defendant's offending mark and domain name/web site "malar.tv" with or without such suffixes or prefixes that may be deceptive in respect of the respondent/defendant's pro
14. Uniply Industries Limited Vs. Unicorn Plywoods Private Limited and Others ((2001) 5 SCC 95).
6. Uniply Industries Limited Vs. Unicorn Plywoods Private Limited and Others ((2001) 5 SCC 95).
10. Sathyam Infoway Limited Vs. Siffynet Solutions Private Limited ((2004) 6 SCC 145).
11. Heinz Italia and another Vs. Dabur India Limited ((2007) 6 SCC 1).
16. (Ruston and Hornby Ltd., ..vs.. Zamindara Engineering Co.
3. Amritdhara Pharmacy Vs. Satya Deo Gupta (AIR 1963 SC 449).
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