POWER CONTROL APPLIANCES SUMEET RESEARCH AND HOLDINGS Vs. SUMEET MACHINES PRIVATE LIMITED :SUMEET MACHINES

JUDGEMENT

(1.) All these appeals can be dealt with under a common judgment. The Civil Nos. 255,1-52 of 1993 are by the first plaintiff while Civil No. 2553 of 1993 by the second plaintiff.

(2.) The plaintiffs filed three suits on the file of the High court of Madras (i) C. S. No. 343 of 1992 complaining of infringement of the copyright of the first plaintiff (Power Control and Appliances Company) ; (ii) C. S. No. 431 of 1992 alleging the violation of the registered trade mark 'sumeet' No. 263836 in Part-A in Class 7 for machines (electric) for kitchen use; (iii) C. S. No. 432 of 1992 claiming the design registeration in the 'whipper Blade' of the power operated mixies.

(3.) Pending these suits, four application Nos. 226, 227, 271 and 272 of 1992 were taken out, two in C. S. No. 343 of 1992 and one each in C. S. Nos. 431 and 432 of 1992 respectively.