C.V.KARTHIKEYAN
K. A. S. Zainulabdin & Co. – Appellant
Versus
Murthy Lungi Company, Komarapalayam – Respondent
JUDGMENT :
(Prayer: This Civil Suit is filed under Order VII Rule 1 of the Civil Procedure Code read with Section 105 7 106 of the Trade and Merchandise Marks Act 1958 and Sections 55 and 62 of the Copy Right Act, praying for a Judgment and Decree against the defendant for the following reliefs:
(a) granting a permanent injunction restraining the defendants, their men, servants, agents or anyone claiming through or under them from, in any manner, infringing the plaintiff registered Trade Mark ‘Lock Brand’; and with the device of lock by using the offending Trade Mark ‘Lock Brand’ with the device of lock or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the plaintiff Trade Mark ‘Lock Brand’ either by manufacturing or selling or offering for sale or in any manner advertising the same;
(b) granting permanent injunction restraining the defendants, their men, servants, agents or anyone claiming through or under them from in any manner infringing the plaintiff- Copy Right on the artistic work on the labels under the registered Trade Mark ‘Lock Brand’ with the device of lock by using the offending Trade Mark ‘Lock Brand’ with the d
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