FRITCO LAY INDIA Vs. UNCLE CHIPPS PRIVATE LIMITED

JUDGEMENT

(1.) ADMIT. We heard Mr. P. Chidambaram, learned Senior Advocate for theappellant and Dr.A.M. Singhvi, learned senior advocate for the respondent and weretaken through the record.

(2.) This appeal by appellants (plaintiffs) is directed against the order dated 1 7/09/1999 passed by learned Single Judge of this Court on an applicationfiled under Order 39, Rules 1and 2 of the Code of Civil Procedure, 1908 (for shortCPC) holding that the respondent (defendant) was neither guilty of piracy nor copyingof the disc of appellants being distributed as a free collectible with their product "Laysand Cheeto Chips", nor there was any unfair or dishonest competition on the part ofthe respondent, in distributing such discs with their product 'Uncle Chipps': and onlyrestraining the respondent from distributing free collectibles, in the shape of rounddisc having groove/notch or grooves/notches.

(3.) The focus of the present case is "advertising/promotional campaign" on T.V.under which the plaintiffs offered a TAZO disc inside each packet, with which childrencould play some games, claimed to be unique to them.