G. SARAVANAN Vs. R. K. GANAPATHY CHETTIAR

JUDGEMENT

(1.) Challenging the order passed in I.A.Nos.320 and 321 of 2021 in C.O.S.No.17 of 2021 on the file of the Principal District Court, Tiruppur, the defendant has filed the above appeals.

(2.) The respondent/plaintiff filed the suit in C.O.S.No.17 of 2021 seeking for permanent injunction restraining the defendant from passing off his/their goods by using the artistic work, trade dress and color combination of yellow and brown used by the plaintiff having the trademark registration products that are identical or deceptively similar to that of the plaintiff's trademark, artistic work, product and trade dress in respect of ghee and thereby restraining the defendant in any manner from passing off.

(3.) In the said suit, the respondent/plaintiff filed an application in I.A.No.320 of 2021 seeking for temporary injunction restraining the respondent from passing off his goods by using the artistic work, trade dress and color combination of yellow and brown used by the plaintiff having the trademark registration No.4531234 for the logo "RKG" and the packing style and over all get up of the product with any other word which are identical or deceptively similar to that of the plaintiff's trademark, artistic work, product and trade dress and restrained the defendant from passing off till disposal of the suit. The respondent/plaintiff also filed another application in I.A.No.321 of 2021 seeking for temporary injunction restraining the respondent from infringing the copyright of the plaintiff by using the artistic work, trade dress and color combination of yellow and brown "GVG" ghee which are identical and deceptively similar to that of the plaintiff's artistic work, color combination and trade dress and thereby restraining the defendant from infringing the copyright of the plaintiff till disposal of the suit.