SSS LINGAM COMPANY Vs. SSS LUNGIE COMPANY

JUDGEMENT

(1.) THIS appeal challenges the common order of the learned Single Judge of this Court made in O.A.No.757 of 2002 and also A.No.5321 of 2002 in C.S.No.757 of 2002.

(2.) IT was a suit filed by the respondent/plaintiff seeking the relief of permanent injunction restraining the defendants, its partner, men, servants, agents, distributors, stockists, representatives or any one claiming through them, from in any manner passing off and/of enabling others to pass off the defendants' lungies as and for the plaintiff lungies by manufacturing, selling or offering to sell, distributing, displaying, printing, stocking, using, advertising lungies bearing an almost identical trademark "3 ROSES label" or any other mark deceptively similar to the plaintiff trademarks "3 ROSES label" with identical colour scheme, get up and layout or in any other manner whatsoever and also for other reliefs.

(3.) AT the time when the appeal was taken up for admission, stay was granted by this Court on condition of the appellants maintaining accounts in respect of the sale done by them. Now, the learned counsel for the appellants/defendants would submit that the contentions in respect of the merits of the matter could be kept open to be raised before the learned Single Judge at the time of trial and the status quo could be maintained and the appellants would continue to maintain the accounts and they are also ready to submit the same before the Court.