Saturday, May 29, 2010

Civil Procedure Code, 1908

Order 39 Rules 1 & 2
Appellants had unsuccessfully approached the High Court and Honble single judge dismissed application of plaintiffs for interim injunction for restrainig the defendants from use of trade mark SUNSTOP as it had transborder reputation.. Reported as 2009 (41) PTC 234(Mad.)
HELD By DB "multinational corporations, which have no intention of coming to India or introducing their product in India should not be allowed to throttle an Indian company by not permitting it to sell a product in India, if the Indian company has genuinely adopted the mark and developed the product and is first in the market. Thus the ultimate test should be, who is first in the market. In this case respondent passes the test.
Appellate court would not reassess the material and seek to reach a conclusion different from the one reached by the court below if the one reached by that court was reasonably possible on the material.
Appeal dismissed.

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