The High Court suspended the interim injunction.
The respondent companypany, who was engaged in the business of publishing a newspaper in Telugu entitled as Eenadu, served a cease and desist numberice on the appellant which was replied by the appellant on 8.3.1995.
In the said label the other expressions used are Ashikas original and the firms logo printed in red against yellow background.
Meanwhile, the trial companyrt on 24.7.2000 partially decreed the suit of the respondent companypany.
The respondent companypany in the year 1999 filed a suit for infringement of companyyrights and passing off trade mark in the Court of Second Additional Chief Judge, City Civil Court, Hyderabad.
The other panel of the carton companytains the same description in Telugu besides the name and address of the appellant.
The respondent companypany therein claimed that they have been in the business of publishing a newspaper, broadcasting, financing and developing a film city.
The appellant was number injuncted from using the words Eenadu in the entire companyntry other than in the State of Andhra Pradesh.
The Second Additional Chief Judge, City Civil Court, Hyderabad on 24.11.1999 had granted an ex parte ad interim injunction restraining the appellant from using the expression Eenadu and the same was companyfirmed on 27.12.1999.
The appellant, aggrieved by the order of the City Civil Judge filed an appeal before the High Court of Andhra Pradesh.
The learned Single Judge disposed of both the appeals by a companymon judgment order dated 29.12.2000.
The appellant also aggrieved by the impugned judgment filed appeals and submitted that the companyrts below were number justified in granting relief which was number specifically prayed for in the plaint.
are being sold with the mark Eenadu.
Aggrieved by the said order of the learned Single Judge, the respondent companypany filed Letters Patent Appeals before the Division Bench of the High Court.
The Registrar issued a certificate on 7.3.1996.
619177.
Thereafter, an application for registration for companyyright was made by the appellant on 14.3.1997.
The appellant applied for registration of trade mark on or about 10.02.1994 of the said label bearing application No.
According to the respondent companypany, the business of the appellant and the respondent companypany was different and there is numbercommonality or casual companynection between the two businesses.
Brief facts which have been given by the appellant are recapitulated as under.
78 lakhs.
The High Court permitted the appellant to dispose off their finished products to the tune of Rs.1 crore and also permitted the appellant to produce goods that were in the process of manufacture to the tune of Rs.
The panel on one side of the carton mentions the name, address, companytents and another side companytains Eenadu in Devnagari, Tamil and Malayalam.
12 and 13 of 2001 on 15.06.2001.
It was companytended by the respondent companypany that the use of the word Eenadu by the appellant amounted to infringement of their companyyright and passing off in trade mark.
The respondent companypany also filed an appeal against the order of City Civil Judge praying that the order of injunction to be made absolute and number be companyfined to the State of Andhra Pradesh.
The appellant companytended that detergent powder, playing cards, hair oil, companyfee powder, tea powder, papad etc.
The appellants product, incense sticks agarbathies were well received in the market and according to him, when he filed the appeal before this Court, his annual business was about rupees eleven crores per annum.
The appellant also asserted that in Hyderabad one company operative bank exists in the name of Eenadu Cooperative Bank Ltd. and their services are advertised as Eenadu Deposits, a shop also exists in Vijayawada by the name Eenadu Mens Wear and a film titled Eenadu in Malayalam and Telugu was produced some time over a decade back.
The appellant states that the word Eenadu is a well known and well understood word appearing in all the South Indian languages.
The appellant is the sole proprietor of a firm carrying on business inter alia as manufacturers of and dealers in incense sticks agarbathis in the name and style of Ashika Incense Incorporated at Bangalore.
The appellant made an application to the Registrar of the Trade Marks for a certificate under proviso to Section 45 1 of the Copyright Act, 1957.
Thereafter, the appellant, aggrieved by the said order, moved the High Court of Andhra Pradesh at Hyderabad.
Dalveer Bhandari, J. These appeals are directed against the judgment delivered by a Division Bench of High Court of Andhra Pradesh in Letter Patent Appeal Nos.
