ASTOR TECHNOLOGIES Vs. L B THIAGARAJAN
LAWS(MAD)-2008-8-122
HIGH COURT OF MADRAS
Decided on August 11,2008

ASTOR TECHNOLOGIES Appellant
VERSUS
L.B.THIAGARAJAN Respondents


Referred Judgements :-

HUBBARD AND ANOTHER VS. VOSPER AND ANOTHER [REFERRED TO]


JUDGEMENT

- (1.)THIS Appeal is filed by the appellants/defendants as against the orders passed by the learned Single Judge in Original Application No. 814 of 2002 in C. S. No. 610 of 2002 dated 24. 09. 2003 in dismissing the temporary injunction application restraining the respondent/ plaintiff from infringing their copyright.
(2.)THE appellants/defendants/applicants filed Original Application No. 814 of 2002 praying for the relief of an interim injunction restraining the respondent/plaintiff or anyone claiming under him from in any manner infringing the copyright in the Computer Aided Design Software 'astor EAZY DESIGN' and its variations and from dealing with the same, etc.
(3.)THE learned Single Judge has dismissed the original application O. A. No. 814 of 2002 praying for interim injunction filed by the appellants/defendants against the respondent/plaintiff inter alia stating that 'though the appellants/defendants have proved to be the owners of CAD/astor Eazy Design and its modules etc. , it is too early to consider entitlement of the appellants/defendants for issuance of an order of temporary injunction and that the claim and contention of the parties is in the nebulous stage and the parties are yet to go on trial and if temporary injunction in any form is granted against the respondent/plaintiff, there is every possibility of its being mis-interpreted restraining him from doing the business under the company name Essdi Infotech Corporation promoted by him and this is all the more so, when the differences between the parties has been strained by the registration of the criminal case. '


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