SEELA RANI Vs. MIMIDI SURESH

JUDGEMENT

(1.) Defendants in O.S. No. 222 of 2011, on the file of the V-Additional District Judge, Nellore, are the appellants. The respondent filed the suit for perpetual injunction restraining the appellants herein from manufacturing or marketing the product 'snuff' with the name and description 'Sri Devika' brand.

(2.) The respondent pleaded that he has been manufacturing the snuff with the trademark 'Sridevi', both with name and pictorial description from 1992 onwards and that the 2nd appellant, who is his brother, worked as salesman under him from 1996 to 2009. He pleaded that the 2nd appellant left the job and together with his wife, the 1st appellant, started manufacturing the snuff with the deceptive description of 'Sri Devika' from April, 2011 onwards. The respondent pleaded that the description and pictorial trade mark of the product manufactured by the 2nd appellant are very deceptive and amounts to passing off the goods which are manufactured by the respondent with the trade mark 'Sridevi'.

(3.) The respondent has also filed I.A. No. 376 of 2011 under Order XXXIX Rules 1 and 2 CPC for temporary injunction. The averments in the plaint have almost been repeated in the affidavit filed in support of the IA.