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Original Application Nos.522 to 525 of 2019

in

C.S.No.324 of 2019

S.VAIDYANATHAN,J.

These Applications have been filed, seeking for the following reliefs:

Application No.

Relief

O.A.No.522 of 2019

To grant an order of temporary injunction

restraining the Respondent, by themselves,

their partners, successors-in-business, servants

agents, distributors, dealers, stockists,

wholesalers,

retailers,

shop

keepers,

representatives, assigns and all other persons

claiming through them from manufacturing,

selling and distributing, advertising Turtle food

using the HELLO PETS trademark, which is

deceptively similar to the Applicant's TAIYO

trademark, amounting to infringement of the

Applicant's registered trademark TAIYO in any

manner whatsoever, pending disposal of the

suit.

O.A.No.523 of 2019

To grant an order of temporary injunction

restraining the Respondent, by themselves,

their partners, successors-in-business, servants

agents, distributors, dealers, stockists,

wholesalers,

retailers,

shop

keepers,

representatives, assigns and all other persons

claiming through them from directly or

indirectly in any manner copying, reproducing,

adapting, creating derivative works, or in any

manner using the Applicant's copyright work in

the label "TAIYO", amounting to infringement of

copyright or in any other manner whatsoever,

pending disposal of the suit.

O.A.No.524 of 2019

To grant an order of temporary injunction

restraining the Respondent, by themselves,

their partners, successors-in-business, servants

agents, distributors, dealers, stockists,

wholesalers,

retailers,

shop

keepers,

representatives, assigns and all other persons

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Application No.

Relief

claiming through them from in any manner

making use of the Turtle food labels, or any

other artistic works, which are deceptively

similar/almost identical to Applicant's copyright

artistic works in the TAIYO Turtle Food label,

and which would amount to infringement of the

Applicant's copyright in the TAIYO Turtle Food

Labels and variations thereof or in any other

manner whatsoever, pending disposal of the

suit.

O.A.No.525 of 2019

To grant an order of temporary injunction

restraining the Respondent, by themselves,

their

directors, legal representatives,

successors-in-business, assigns, servants, agents,

transporters, distributors, printers, stockists,

wholesalers, dealers, retailers, advertisers or

any one claiming through or under them from

committing acts of passing off and enabling

others to pass off by manufacturing,

distributing, marketing, selling, offering for

sale, advertising or in any other manner dealing

in Turtle Food or any other product bearing the

deceptively similar mark HELLO PETS, which is

confusingly similar to Applicant's mark TAIYO

respectively, using any similar label, get up, or

packaging, which, in any manner whatsoever

would be considered to be similar to the

Applicant's label, get up or packaging, or in any

other manner whatsoever, pending disposal of

the suit;

2.

According to the Applicant/Plaintiff, the mark TAIYO has been

used by them since the year 2002, and the distinct logo/labels that are

affixed to the Turtle Food containers was honestly conceived and adopted

by them as early as in the year 2004. Since its adoption, the mark TAIYO

and the distinct logo/label used for Turtle Food have been put to extensive

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and continuous use. It is further stated that the Turtle food sold under the

TAIYO trademark and the artistic Turtle food labels are of excellent quality

which enjoys great reputation and goodwill all over India and abroad.

3.

Learned counsel for the Applicant/Plaintiff submitted that

they came to know that the Respondent's Turtle Food packs and their trade

dress are almost