BRITANNIA INDUSTRIES LIMITED Vs. SARA LEE BAKERY

JUDGEMENT

(1.) Britannia Industries Limited having its Registered Office at Calcutta, the plaintiff herein, pending the suit in C. S. No. 939 of 1999 seeking the relief of permanent injunction, mandatory injunction, etc. has filed three applications in O.A. Nos. 742, 743 and 744 of 1999 praying for interim reliefs as against Sara Lee Bakery India Private Limited, Chennai, the defendant herein.

(2.) The prayer in O.A. No. 742 of 1999 is to grant interim injunction restraining the respondent/defendant from committing the acts of piracy of the applicant's registered design of its biscuits by the manufacture of the impugned product "Milk Wala" "Milk Cream Biscuits" bearing the design which is identical with or similar to the applicant's design.

(3.) In O.A. No. 743 of 1999 the relief sought for is for the grant of interim injunction restraining the respondent from reproducing and publishing the biscuit wrapper which is deceptively similarly or reproduction of the features of the applicant's biscuit wrapper.