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2007 Supreme(Mad) 4338

PRABHA SRIDEVAN
Parle Products Private Limited – Appellant
Versus
Surya Food and Agro Limited – Respondent


ORDER :

PRABHA SRIDEVAN, J.

1. The applicant in A. No. 4056 of 2006 is the plaintiff. The plaintiff states that it has been carrying on the business of manufacturing and marketing inter alia, biscuits and confectioneries. According to them, they had developed a new and original packet design, having several novel features in its shape, configuration and surface pattern. These designs were accepted and duly registered under Design Registration Nos. 185711, 185712 and 185713, dated 31.05.2001 in Class 09-01 under the provisions of Designs Act, 2000 and the Designs Rules, 2001. The applicant also developed two other new and original biscuit packet designs. These designs were also accepted and duly registered under Design Registration Nos. 188156 and 188157, dated 18.02.2002 in Class 09-07 under the provision of Designs Act, 2000 and Designs Rules 2001. The registrations of the said designs are valid and subsisting. According to the applicant, the particular feature of the design is that the packets have a fin seal, two cross seals and no end seals. The cross seals are formed along the length dimension, the cross seals being generally perpendicular to the fin seal, the ends of the packag

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