MAYA APPLIANCES Vs. UROOJ AHMED LORDS ENTERPRISES INDIA

JUDGEMENT

(1.) O.A.NO.1096 OF 2008 is filed seeking for an ad-interim injunction, restraining the defendants, their servants, agents, employees, representatives or anyone claiming through or under them, from in any manner infringing the registered design bearing No.198147 comprises in/reproduced on the plaintiff's products). (O.A.No.1097 of 2008 is filed seeking for an interim injunction to restrain the defendants, their servants, agents, employees, representatives or anyone claiming through or under them, from in any manner passing off the defendants' goods as that of the plaintiff's by selling, advertising, offering to sell, using the plaintiff's trade dress or any mark or product which is identical with or deceptively similar or confusingly similar to the plaintiff's trade dress of the products). (A.No,4695 of 2008 is filed seeking for an appointment of an Advocate Commissioner to conduct a local inspection of the place of the defendants, take an inventory and seize all infringing goods and associated items such as moulds, dies, articles, packets, cartons, packaging materials, advertising materials etc. and all other things used in connection with the manufacture or marketing of the infringing goods and to produce them before the court and to file his report). Heard both sides. All the three applications were filed by the plaintiff.

(2.) THE suit is filed by the applicant/plaintiff, seeking for a permanent injunction restraining the defendants, their servants, agents, employees, representatives or any one claiming through or under them, from in any manner infringing the registered design bearing No.198147 comprised in/reproduced on the plaintiff's products, also for a permanent injunction to restrain the defendants from in any manner passing off the defendant's goods as that of the plaintiff's by selling, advertising, offering to sell, using the plaintiff's trade dress or any mark or product which is identical with or deceptively similar or confusingly similar to the plaintiff's trade dress of the products, also for a direction to the defendants to surrender to the plaintiff for destruction all the infringing goods and associated items such as moulds, dies, articles, packets, cartons, packaging materials, advertising materials etc. and all other things used in connection with the manufacture or marketing of the infringing goods and also for a direction to the defendants to pay compensation of Rs.2,50,000/- to the plaintiff by way of damages for the infringement ad the loss suffered by the plaintiff.

(3.) O.A.No.1097 of 2008 is for an interim injunction to restrain the defendants, their servants, agents, employees, representatives or anyone claiming through or under them, from in any manner passing off the defendants' goods as that of the plaintiff's by selling, advertising, offering to sell, using the plaintiff's trade dress or any mark or product which is identical with or deceptively similar or confusingly similar to the plaintiff's trade dress of the products.