GLAXO OPERATION UK LIMITED Vs. MANGLA TRADERS MADRAS

JUDGEMENT

(1.) APPLICATION No. 5022/84 APPLICATION praying that this Court be pleased to pass an order of interim injunction restraining the respondents by themselves, their servants, agents, their printers and distributors by an order of this Court from committing an infringement of copyright the applicants have in their literary and artistic work being their literature of leaflet being Exhibit marked as Document No. 8 in the plaint by distributing, printing or causing to be printed Glucose D, Mangala's marked as Document No. 10 in the plaint or any other leaflet or artistic creation which is a colourable imitation or an infringement of the Applicants artistic creation, namely Document Nos. 8 in the plaint and passing off his goods as the goods of the plaintiff and respondents be directed to pay the costs of this application. APPLICATION No. 5022/84 A

(2.) APPLICATION praying that this Court be pleased to pass an order vacating the injunction order dated 28-9-1984 in application No. 5022 of 1984 and the respondents be directed to pay the costs of this application.

(3.) IN application No. 5022 of 1984, filed by the plaintiffs, an interim injunction was granted by this Court on 28-9-1984, restraining the respondent/defendant from using the offending carton to market the product produced by the defendant viz., Glucose powder. Now Application No. 5022A of 1984 is filed to vacate the said order of interim injunction by the defendant.