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2021 Supreme(Telangana) 222

CHALLA KODANDA RAM
Tulasi Industries – Appellant
Versus
Sapthagiri Industries – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Hema Prakash Rao
For the Respondent: Ashok Ram Kumar

JUDGMENT :

In this appeal, challenge is to the order dated 08.06.2020 passed by the learned Principal District Judge, at Mahabubnagar, in I.A.No.2190 of 2019 in O.S.No.210 of 2019, dismissing the application filed by the appellant/plaintiff under Order 39 Rules 1 and 2 of Code of Civil Procedure, seeking temporary injunction against the respondents from:

    “(a) infringing the exclusive statutory right to the registered trade mark ‘Tasty Gold’;

(b) copyright of the appellant to the artistic features including the colour scheme, layout and the trade dress appearing on the label; and

(c) passing off their oils bearing the impugned trademarks ‘Tasty Drop’ & ‘Tasty Plus+’ and other aesthetic features including the colour scheme, layout and trade dress or any mark which is identical with or similar or deceptively similar to the registered trademark, ‘Tasty Gold’ as oils of the appellant’s manufacture.”

2. It is the case of the appellant/plaintiff that the appellant is a firm dealing in edible oils under the registered trade mark styled as “TASTY GOLD”; that the predecessor of the appellant-firm had surveyed the market and only after satisfying that no other firm has the trade mark with the uni

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