J.S.VERMA, M.N.VENKATACHALIAH, N.D.OJHA
WANDER LTD. – Appellant
Versus
ANTOX INDIA PRIVATE LTD. – Respondent
( 1 ) APPELLANTS in these appeals, by special leave, are the defendants in Civil Suit No. 1220 of 1988 on the original side of the High court of Madras and assail the order dated 19/01/1990 of the division bench of the High court granting in appeal and in reversal of the order dated 2/03/1989 of the learned Single Judge trying the suit, aninjunction restraining appellants from passing off their medicinal product "cal-De-Ce" as that of the respondent-plaintiff. Respondent claimed to have acquired a right in that trademark by continuous user. The a temporary injunction was refused by the learned Single Judge. But in appeals, O. S. A. Nos. 111 and 112 of 1989, preferred against the refusal, the division bench granted the temporary injunction in appeal.
( 2 ) THE appeals have come up for orders on the prayer for stay. As the considerations relevant for decision on the prayer for stay, by and large, conclude the subject matter of the main appeals, we proceed to dispose of the main appeals themselves.
( 3 ) WE have heard Sri F. S: Nariman, learned senior counsel for the appellants and Sri U. N. R. Rao, learned senior counsel for the respondents. We have been taken through the orders of t
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