MARICO LIMITED Vs. RAJ OIL MILLS LIMITED

JUDGEMENT

(1.) The Appellants/ Original Plaintiffs are the registered proprietor of the designed article, for reference called "Parachute Cap", since 1999. The Respondents' Application for registration of their cap i.e. for reference called "Cocoraj Cap" was rejected some time in the year 2004.

(2.) In the month of September, 2006, the cause of action arose, when the Plaintiffs learnt about the use by the Respondents-Defendants of the impugned caps for which they have registered and acquired copyright of the said design.

(3.) On 8th September, 2006, the Appellants/ Original Plaintiffs vide their Advocate's letter called upon the Respondents/ Original Defendants to desist from using the impugned caps of which they are the proprietor of registered design bearing No. 181063.