MAYA APPLIANCES PRIVATE LTD Vs. JAIPAN INDUSTRIES LIMITED

JUDGEMENT

(1.) The Notice of Motion is moved by the Plaintiffs for an interim order to restrain the Defendants from infringing the registered design. The prayers in the Notice of i Motion read as under:-

(2.) It is the case of the Plaintiffs that they are a Company having their registered office in the State of Tamilnadu and more particularly, at Chennai. They have a private office at Mumbai. The First Defendant is a Company incorporated and registered under the Companies Act, 1956 whereas, the Second Defendant is proprietor and carrying on business in the name and style of the Second Defendant. He is marketing the products which are manufactured by the First Defendant. The Third Defendant is a dealer of the products. The products/goods in question are household kitchen appliances and more particularly mixture grinder. In paragraphs 7 and 8 of the plaint, the Plaintiffs state thus:-

(3.) After referring to the definition of the term Trademark as appearing in Section 2(zb) of the Trade Marks Act, 1999, it is stated that the shape of the PREETHI BLUE LEAF product is a registered trademark in India and copy of the same is annexed as Annexure 'D' to the plaint.