KLAS TAPE COMPANY Vs. VINOD HARDWARE STORE

JUDGEMENT

(1.) This order will dispose of an application for ad-interim injunction moved by the plaintiff (IA 5840/2007) and the other related application (IA 1827/2007), both filed by the plaintiff, for interim stay.

(2.) The plaintiff, by this suit, seeks a decree for permanent injunction to restrain the defendants, their licencees as the case may be, their servants and agents, distributors, stockists and the like (or anyone acting on their behalf) from manufacturing, marketing, selling, offering for sale, advertising, directly or indirectly or dealing with, or passing off in any manner, the measuring tapes having shape, configuration, label identical to or resembling the plaintiff"s registered trade mark BILLI and/or CAT, and from infringement of Copyright as well as Design thereof.

(3.) The plaintiff is a partnership firm, established in the year 1986 under the trading name/style "BLOOMING BUDS", carrying on its business at, 41, Sarang Street, Mumbai-400 003, entered into the business of manufacturing and marketing measuring tapes of wide variety under the trademark/trade-name "CAT, KLAS BILLI and/or DEVICE OF A CAT/BILLI". The said partnership firm changed its name from "BLOOMING BUDS" to "KLAS TAPE CO." with effect from 1st of April, 1995 with the same partners continuing.