IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. RAVICHANDRABAABU, J.
Quintessential Designs India Pvt. Ltd. & Another – Petitioner
Versus
Puma Sports India (Pvt.) Ltd. & Another – Respondent
Application No. 2890 of 2015 & O.A.Nos. 305 to 307 of 2015 in C.S.No. 215 of 2015
Decided on : 23-06-2015
Original Application No.306 of 2015 is filed and the Judge’s Summons issued under Order 14 Rule 8 of the Original Side Rules of this Court, read with Order 39 Rules 1 and 2 of the Code of Civil Procedure, to grant an ad-interim injunction restraining the respondents, whether by themselves, their promoters, employees, servants, agents, legal representatives or any one claiming through them from infringing or attempting to infringe the Copyright vested with the applicants, subsisting in style No.PMA1013LP product conceptualised, designed and product developed by the applicants for the respondent No.1 and exhibited during the Road Show for Season Spring 14 by manufacturing, causing to manufacture, marketing either directly or indirectly or in any manner dealing with the said style No.PMA1013LP in any manner whatsoever, pending disposal of the suit.
Original Application No.307 of 2015 is filed and the Judge’s Summons issued under Order 14 Rule 8 of the Original Side Rules of this Court, read with Order 39 Rules 1 and 2 of the Code of Civil Procedure, to grant an ad-interim injunction restraining the respondents, whether by themselves, their promoters, employees, servants, agents, legal representatives or any one claiming through them from in any manner infringing the Copyright vested with the applicants, subsisting in 23 designs morefully mentioned in Schedule I hereunder, which were product conceptualised, designed and product developed by the applicants for the respondent No.1 and exhibited during the Road Show for Season Spring 14 by manufacturing, causing to manufacture, marketing either directly or indirectly or dealing in any manner whatsoever, pending disposal of the suit.
Application No.2890 of 2015 is filed and the Judge’s Summons issued under Order 14 Rule 8 of the Original Side Rules of this Court, read with Order 39 Rule 4 and Section 151 of the Code of Civil Procedure, to vacate the order dated 25.03.2015 passed in O.A.No.307 of 2015 in C.S.No.215 of 2015.
Civil Suit No.215 of 2015 is numbered and the plaint is filed under Order 7 Rule 1 of the Code of Civil Procedure read with Order 4 Rule 1 of the Original Side Rules of this Court and Section 62(2) of the Copyright Act, 1957, praying to pass a judgment and decree against the defendants as follows:
(i) permanent injunction restraining the defendants, whether by themselves, their promoters, employees, servants, agents, legal representatives or any one claiming through them from infringing or attempting to infringe the Copyright vested with the plaintiffs, subsisting in style No.PMA1008LP product conceptualized, designed and product developed by the plaintiffs for the defendant No.1 and exhibited during the Road Show for Season Spring 14 by manufacturing, causing to manufacture, marketing either directly or indirectly or in any manner dealing with the said style No.PMA1008LP in any manner whatsoever;
(ii) permanent injunction restraining the defendants, whether by themselves, their promoters, employees, servants, agents, legal representatives or any one claiming through them from infringing or attempting to infringe the Copyright vested with the plaintiffs, subsisting in style No.PMA1013LP product conceptualized, designed and product developed by the plaintiffs for the defendant No.1 and exhibited during the Road Show for Season Spring 14 by manufacturing, causing to manufacture, marketing either directly or indirectly or in any manner dealing with the said style No.PMA1013LP in any manner whatsoever;
(iii) permanent injunction restraining the defendants, whether by themselves, their promoters, employees, servants, agents, legal representatives or any one claiming through them from in any manner infringing the Copyright vested with the plaintiffs, subsisting in balance 23 of 25 designs, morefully mentioned in Schedule I hereunder, which were product conceptualized, de
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