TTK TEXTILES LTD Vs. SEAGULL CLOTHING PVT LTD

JUDGEMENT

(1.) THE plaintiff in C.S.No. 6 of 1997 has filed these appeals aggrieved by the judgment and order dated 18.2.1997 passed by the learned single Judge dismissing O.A.Nos.7, 8 and 9 of 1997 and allowing application Nos.284 to 289 of 1997. THE parties will be referred to in this Judgment as they are arrayed in C.S.No. 6 of 1997 for convenience.

(2.) THE facts briefly stated, for the purpose of disposal of these appeals, are the following:- THE plaintiff has filed the said suit C.S.No.6 of 1997 seeking the relief of

(3.) DEFENDANT No.2 was employed as Senior Executive with the plaintiff between September, 1992 to July, 1996. He left the services of the plaintiff company clandestinely taking away with him the art work created for the plaintiffs artistic work SEAGULL in addition to various other confidential documents. He has also misused powers vested in him as a senior executive of the plaintiff company. Now he has started a rival business to manufacture and sell vests and briefs using the plaintiffs trademark and artistic work. The second defendant is behind the establishment of the first defendant of which his wife is the Managing Director. The plaintiff was about to market their products under the trade mark and artistic work SEAGULL but had to keep it in abeyance because the defendants were passing off their products as that of the plaintiff. Hence the suit was filed. As already stated above, O.A. Nos.7 to 9 of 1997 were filed for grant of interim injunctions pending the suit. Interim injunctions were granted on 8.1.1997 in O.A.Nos. 7 to 9 of 1997.