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2018 Supreme(MP) 831

J.K.MAHESHWARI, S.A.DHARMADHIKARI
Pitambra Industries – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant :Shri. Sunil Jain, Advocate
For the Respondent:Shri. Raghvendra Dixit, Government Advocate

JUDGMENT :

Assailing the order dated 03.04.2018 passed by learned single bench in W.P. No. 6644/2018, dismissing the writ petition on account of having an efficacious alternative remedy to the appellant, this appeal has been preferred.

2. The facts unfolded to file the present appeal are that appellant is the sole proprietorship concern manufacturing Putty, Dyes, Paint and Varnish etc. under the brand name “Maha Utsav”. As alleged the said brand name is neither registered under the Trade Marks Act, 1999 nor under the Copyrights Act, 1957. A complaint was lodged by one Mahesh Arjun Adaan of Torque Detective, that appellant is manufacturing the Putty similar to Birla White Wall Care Putty and selling the bags resembling the same. On the said complaint offence was registered at Crime No. 69/2018 under Section 103 and 104 of Trade Marks Act, 1999 (hereinafter it be referred to Trade Mark Act) and also a separate FIR has been registered under Section 51, 63 of Copyright Act, 1957 (hereinafter it be referred to Copy Right Act) at Crime No. 70/2018 at Police Station Girwai, District Gwalior. In this writ petition, the appellant sought direction against the respondents to open the lock and s





















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