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2021 Supreme(Mad) 339

C.V.KARTHIKEYAN
Ashique Exports (P) Ltd. , Rep. by its Managing Director P. C. Tahir, Chennai – Appellant
Versus
Safaana Cosmetics & Perfumes, Rep. by its Partner Naseer Khan, Kerala – Respondent


Advocates Appeared:
For the Plaintiff :Perumbulavil Radhakrishnan, Advocate.
For the Defendant : set ex-parte.

JUDGMENT :-

(Prayer: This suit filed under Order IV Rule 1 of O.S Rules read with Sections 105 & 106 of the Trade and Merchandise Marks Act, 1958 and Sections 55 & 62 of the Copyright Act, 1957 prayed for a Judgment and Decree against the Defendant:-

a).Granting permanent injunction, restraining the defendant, by themselves, their servants or agents or anyone claiming through them from in any manner infringing the plaintiff's copyright in the artistic work with 'IVA' and 'IVA International Lime Beauty Soap” on the wrapper together with the peculiar colour scheme and two tone coloured lettering and get up and write up or any other representation or words which are in any manner identical and deceptively similar with the copyright in the artistic work of the plaintiff's label.

b).Granting permanent injunction restraining the defendant by themselves, their servants or agents or anyone claiming through them from in any manner passing off their toilet soap bearing the offending trade mark artistic work 'ISIE' together with identical and / or deceptively similar colour scheme, get up and write up as and for the celebrated bathing soap of the plaintiff bearing the trademark 'IVA' and 'IVA In

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