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2014 Supreme(Bom) 66

S.J.KATHAWALLA
Pidilite Industries Limited – Appellant
Versus
Jubilant Agri & Consumer Products Limited – Respondent


Advocates appeared:
For the Plaintiff:V.R. Dhond, Senior Advocate along with Nishad Nadkarni, Vaibhav Keni, Sumeet Rane instructed by M/s. Legasis Partners, Advocates.
For the Defendants:Ravi Kadam, Senior Advocate, A.A. Kirpekar instructed by M/s. Mag Legal, Advocates.

Judgment

1. The above Suit is filed by the Plaintiff against the Defendant on the ground that the Defendant is infringing the registered trademarks of the Plaintiff, infringing the copyrights of the Plaintiff and committing the tort of passing off its goods as the goods of the Plaintiff in the circumstances set out in the Plaint.

2. By the above Notice of Motion, the Plaintiff has sought ad-interim/ interim reliefs restraining the Defendant from infringing the trademarks and copyrights of the Plaintiff and/or committing the act of passing off its goods as that of the Plaintiff.

3. By an ex parte order dated 29th August, 2013, ad-interim injunction in terms of prayer clauses (a) and (b) of the Notice of Motion have been granted in favour of the Plaintiff and against the Defendant which prayers are reproduced hereunder:

“(a) That pending the hearing and final disposal of the suit, the Defendants, its Directors, proprietors, partners, owners, servants, subordinates, representatives, stockists, dealers, agents and all other persons claiming under them be restrained by an order and injunction of this Hon'ble Court from infringing the Plaintiff's MARINE Registered Marks bearing registration






























































































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