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2021 Supreme(Online)(MAD) 51460

HIGH COURT OF MADRAS
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
M/s.Maya Appliances Private – Appellant
Versus
Apex Consumer Appliances Pvt. – Respondent


J U D G M E N T

The instant suit seeks for a declaration to declare that the Defendant is infringing upon the Plaintiff’s copyright in its registered designs and grant a permanent injunction restraining the Defendant, its men, agents, or persons acting on its behalf, from in any manner passing off or infringing on the Plaintiff’s copyright from manufacturing, offering for sale or selling any gas stoves with features similar to the Plaintiff’s copyright. The plaintiff further sought for a direction to the defendant to deliver to the plaintiff for destruction of all the infringing frameless gas stoves including all dyes, moulds, cartons, boxes and other packaging material and any other machinery that may be used in the manufacture of the infringing products. The plaintiff has also sought for relief of damages against the defendant.

2. The case of the plaintiff is that they are a leading South Indian Company in the field of manufacturing and marketing of kitchen appliances for over 37 years with products present in over 10 million homes worldwide. The plaintiff states that in 2013, they launched under its brand, VIDIEM, the world’s first frameless gas stove/ gas cook top known as VIDI

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