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2019 Supreme(Mad) 3061

N.KIRUBAKARAN
TSI Engineering Industries Private Limited Rep by its Managing Director – Appellant
Versus
C. R. I Amalgamations Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.Sivanandharaj for Mr.V.Sankaranarayanan
For the Respondent: Mrs.Elizabeth Seshadri for M/s.Iyer and Thomas

JUDGMENT :

PRAYER : Appeal against the fair and final order dated 20.12.2016 made in I.A.No.87 of 2015 in O.S.No.40 of 2015 passed by the learned Principal District Judge, Coimbatore.

The appeal has been preferred by the defendants, who suffered an order of interim injunction pending disposal of the suit, restraining them from infringing the plaintiff's/respondent's trademark by using deceptively similar mark “MRI” or any other marks similar or deceptively similar to the mark of the respondent namely, “CRI”.

2. The respondent is a part of “CRI” Group of Companies, which is the registered proprietor of trademark “CRI” for various goods falling under various classes of goods and services covered under the Trademarks Act, 1999. The trademark “CRI” has been licensed to one of the CRI Group Companies namely, CRI Pumps Private Limited, which is engaged in the business of manufacture and sale of pumps, motors, valves, pipes, cables and pump accessories and spare parts by virtue of user licence agreement dated 2nd April, 2007. The mark “CRI” has been in continuous use by the group compani

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