LAWS(DLH)-2010-1-322

GLAVERBEL S.A. Vs. DAVE ROSE

Decided On January 27, 2010
GLAVERBEL S.A. Appellant
V/S
DAVE ROSE Respondents

JUDGEMENT

(1.) BY this order I shall dispose of I.A. No. 3756/2007 filed by the plaintiff under Order 39 Rule 1 and 2 of Code of Civil Procedure, 1908 (for short CPC ') for an ad-interim injunction restraining the defendants from manufacturing, selling and offering for sale copper free mirrors infringing the plaintiff 's registered patent No. 190380. Case of the Plaintiff

(2.) IN the plaint, it is stated that the plaintiff is a company incorporated under the laws of Belgium. In India, the plaintiff 's sales and marketing etc. are carried out by Glavindia Pvt. Ltd., 507 Gateway Plaza, Hiranandani Gardens, Powai, Mumbai- 400076, Maharashtra.

(3.) THE plaintiff in the present suit claims to be owner of the process as well as product patent involving the manufacturing process of the mirror which is registered as patent No.190380 dated 8th May, 1995 granted on 12th March, 2004 in respect of a mirror with no copper layer and process for manufacturing the same '. The plaintiff has stated in the suit that the process and product involving the mirror without a copper layer is an innovative one and the said process and the product is easily distinguishable from that of the ordinary and conventional mirrors in the market which contain the copper layer.