REGENT COMPUTRONICS PVT. LTD.

Sanjay Soya Private Limited Appellant

V/S

Narayani Trading Company Respondents

Referred Judgements :-

M/S. MANOJAH CINE PRODUCTIONS VS. A SUNDARESAN & ANR. [REFERRED TO]
MAMLESHWAR PRASAD VS. KANHAIYA LAL DEAD [REFERRED TO]
STATE OF UTTAR PRADESH VS. SYNTHETICS AND CHEMICALS LIMITED [REFERRED TO]
LAXMIKANT V PATEL VS. CHETANBHAT SHAH [REFERRED TO]
PARKASH SINGH BADAL VS. STATE OF PUNJAB [REFERRED TO]
GLAXO OP U K LIMITED VS. SAMRAT PHARMA [REFERRED TO]
RAJESH MASRANI VS. TAHILIANI DESIGN PVT LTD [REFERRED TO]
DEEPAK PRINTERY AHMEDABAD VS. FORWARD STATIONERY MART [REFERRED TO]
NAV SAHITYA PRAKASH VS. ANAND KUMAR [REFERRED TO]
SATSANG VS. KIRON CHANDRA MUKHOPADHYAY [REFERRED TO]
MISHRA BANDHU KARYALAYA VS. SHIVRATANLAL KOSHAL [REFERRED TO]
BRUNDABAN SAHU VS. B RAJENDRA SUBUDHI [REFERRED TO]
K C BOKADIA VS. DINESH CHANDRA DUBEY [REFERRED TO]
R MADHAVAN VS. S K NAYAR [REFERRED TO]
B N FIROS VS. STATE OF KERALA [REFERRED TO]
BURROUGHS WELLCOME INDIA LIMITED VS. UNI SOLE PRIVATE LIMITED [REFERRED TO]
GULFAM EXPORTERS VS. SAYED HAMID [REFERRED TO]
ASIAN PAINTS I LIMITED VS. JAIKISHAN PAINTS AND ALLIED PRODUCTS [REFERRED TO]
International Association of Lions Club VS. National Association of Indian Lions [REFERRED TO]
DHIRAJ DHARAMDAS DEWANI VS. SONAL INFO SYSTEMS PVT. LTD [REFERRED TO]
Radha Kishan Sinha VS. State of Bihar [REFERRED TO]
STATE OF ASSAM VS. RIPA SARMA [REFERRED TO]
SWISS TIMING LIMITED VS. ORGANISING COMMITTEE, COMMONWEALTH GAMES 2010, DELHI [REFERRED TO]
A. SUNDARASAN VS. A.C. THIRULOKCHANDAR [REFERRED TO]
FORESHORE CO-OPERATIVE HOUSING SOCIETY LIMITED VS. PRAVEEN D DESAI [REFERRED TO]
INDIAN PERFORMING RIGHTS SOCIETY LTD. VS. SANJAY DALIA AND ORS. [REFERRED TO]
MANUGRAPH INDIA LIMITED AND ORS. VS. SIMARQ TECHNOLOGIES PVT. LTD. AND ORS. [REFERRED TO]
FR THOMAS VS. STATE OF KERALA [REFERRED TO]
DASHRATH B RATHOD VS. FOX STAR STUDIOS INDIA PVT LTD [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. SHAILENDRA [REFERRED TO]

JUDGEMENT

(1.) This order will dispose of the present Interim Application in this suit for trade mark and copyright infringement.

(2.) The trade mark in question is a label mark, not a word or a device mark. Apart from trade mark registration, the Plaintiff, Sanjay Soya Private Limited ("Sanjay Soya"), also claims copyright in the artistic work comprised in the label. On the footing that an image is more eloquent than a thousand words, I begin by reproducing images of the two rival marks and artistic works, taken from paragraph 21 of the Plaint. On the left is the packing used by Sanjay Soya. On the right is what is used by the Defendant, Narayani Trading Company ("Narayani Trading").

(3.) The predominant colour of Sanjay Soya's label/artwork is yellow. This is a colour associated with gold, oils or lemons. The package itself is rectangular. Across roughly the middle of the packing is a broad band in red. Across this are the words " than other the on is of and to In in with are or a that at p These effect which its At There beginning an so also this two right healthy?.

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SANJAY SOYA PRIVATE LIMITED Vs. NARAYANI TRADING COMPANY

Referred Judgements :-

JUDGEMENT

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