C.V.KARTHIKEYAN
Ashique Exports (P) Ltd. , Represented by its Managing Director, P. C. Thahir – Appellant
Versus
K. K. Suresh Trading as M/s. Shastha Industries, Kerala – Respondent
JUDGMENT :
(Prayer: This Civil Suit is filed under Order IV Rule 1 of Original Side Rules read with Sections 134 & 135 of Trade Marks Act, 1999 praying for the following reliefs:
(a) granting permanent injunction restraining the defendants by themselves, their servants or agents or anyone claiming through them from in any manner infringing the plaintiff’s Trade Mark “SUPER WASH” and “Super Wash – 555” Washing Soap by using the similar or deceptively similar Trade Mark on the wrapper together with any write up or any other representation or words which are in any manner identical to and deceptively similar with the Trade Mark of the plaintiffs on the defendant’s products;
(b) granting permanent injunction restraining the defendants by themselves, their servants or agents or anyone claiming through them from in any manner passing off the defendant’s washing soap “Super Wash” Washing Soap bearing the offending trade mark with identical and/or deceptively similar colour scheme, get up and write up as and for the celebrated washing soap of the plaintiff bearing the trade mark “Super Wash – 555” Washing Soap, with peculiar get up and write up either by manufacturing or selling of offering f
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