N.A.THANGARAJAN Vs. 1ST CHOICE FOOD PRODUCTS

JUDGEMENT

(1.) M/S. N.A. Thiagarajan and Sons, a partnership firm has filed this application under Order XXIV Rule 8 of O.S. Rules read with Order 39 Rule 1 and 2 of C.P.C. for grant of temporary injunction restraining the respondents by themselves, or their men, partners proprietors, stockists, dealers, servants, agents, franchisees, successors in interest, licensees, assignees, representatives or any of them from in any manner infringing the applicant's copyright over the artistic work in the label "HANUMAN" by use of the device Hanuman with the Sanjeevi Hill in his hands in flying posture in "CHETTINAD" label or nay device deceptively similar to that of the applicant's artistic work by use of identical or deceptively similar trading style and/or artistic work in any other manner whatsoever pending disposal of the above suit. The plaintiff/applicant has filed a suit under Order IV Rule 1 of the O.S. Rules read with Order VII Rule 1 of C.P.C. Read with Sec. 27, 28, 29, 134 and 135 of Trademark Act, 1999 read with section 51, 55, 62 of Copyright Act, 1957.

(2.) The plaintiffs/applicants are dealing in purchase and sale of groundnut kernel and manufacturing and sale of groundnut oil, Oil cake, Palmoil, etc. One of the major goods dealt in by the plaintiff is groundnut oil which is sold under trademark "HANUMAN" Groundnut oil and other edible oils.

(3.) Mr. A. Thangarajan, one of the partner of the firm started groundnut oil business and later, inducted his brother to run the business in partnership in the name and style of N.A. Thiagaraja and Bros. The firm adopted the trademark "Hanuman" with the picture of Hanuman with Sanjeevi Hills in flying pose.