DART INDUSTRIES INC. Vs. TECHNO PLAST

JUDGEMENT

(1.) 14023/2016 (u/O VI R-17 Civil P.C. of the plaintiffs for amendment of the plaint)

(2.) However the plaintiffs, in para 10 of the plaint, while giving the cause of action for the suit, divided the paragraphs under the heads "A. Design Infringement", "B. Copyright Infringement", "C. Passing off of Trade Dress, Trade Names Etc., and "D. Unfair Competition and Unfair Trade Practices" and under the head "C. Passing off of Trade Dress and Trade Names Etc.", inter alia pleaded:-

(3.) Though as aforesaid, neither in the title of the plaint nor in the prayer paragraph relief on the basis of passing off was claimed but in the ex parte order dated 5th May, 2005 when summons of the suit were issued and ex parte ad interim injunction restraining the defendants from manufacturing, selling or exporting the products mentioned in Table A (sic for Table II) of the plaint was passed, it was inter alia recorded that the plaintiffs had filed the suit for injunction, also on the ground of "passing off".