IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Senthilkumar, J
Marico Limited – Appellant
Versus
Prahalad Rai Kedia – Respondent
ORDER
This Review Petition has been filed to review the order dated 11.11.2025 made in (T)OP(CR)No.1 of 2024.
2.The learned senior counsel for the Petitioner submitted that while deciding the impugned order, this Court omitted to consider the Judgment of the Division Bench of Delhi High Court in C.S.(Comm).No.1569 of 2016 dated 27.08.2018 and F.A.O.(O.S.)(COMM).No.310 of 2018 dated 21.12.2018. These cases involve the same parties and the same issue. In those cases, the 1st Respondent was restrained and the Suit was decided in favour of the Petitioner regarding the very same issue involved in the present proceedings. Apart from that, the Delhi High Court directed the 1st Respondent to withdraw its copyright registration No.A-85790/2009.
3.The learned senior counsel for the Petitioner further submitted that the Court did not consider the Petitioner’s argument that the Respondent obtained its copyright in violation of Section 45(1), as the Respondent failed to disclose the Petitioner’s prior trademark registrations, which are identical. The Court ignored the earlier orders passed by the Courts protecting the Petitioner’s trademark, including the Bombay High Court judgment dated 05.03.201
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