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2004 (1) TMI 708
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....igh Court dated 20th September, 2001. 2. Briefly stated the facts are as follows: The Appellants filed a suit for passing off and for infringement of Copyright. In the suit an application for interim injunction under the provision of Order 39 Rules 1 and 2 of the Code of Civil Procedure was filed. A learned Single Judge of the High Court in Order dated 31st July, 2001 noted the followi....
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....verments in Suit No. 1967 of 1996 that the product Magic Laxman Rekha was used by its since 1992; (vii) The defendant's statement in the application made to the Trade Mark Registry on 30.5.1996 for registration of trade mark 'Magic Laxman Rekha' claiming continuous user since 1992." 3. In view of these facts, the learned Single Judge granted an interim injunction preventing the R....
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....of their sales in Court. 5. The law on the subject is well settled. In cases of infringement either of Trade Mark or of Copyright normally an injunction must follow. Mere delay in bringing action is not sufficient to defeat grant of injunction in such cases. The grant of injunction also becomes necessary if it prima facie appears that the adoption of the Mark was itself dishonest. 6. In this....