A learned Single Judge of the High Court in Order dated 31st July, 2001 numbered the following facts The defendant admittedly worked with the plaintiff prior to launching its business The plaintiffs prior and prominent user of the phrase Laxman Rekha as a part of the description of crazy lines as shown by the documents i.e. Advertisements at least of 1991 produced by the plaintiff showing prominent user of the phrase Laxman Rekha.
The advertisements which had been issued by the Appellants in the year 1991 show that at least from that year they were using the Mark LAXMAN REKHA on their products.
1967 of 1996 that the product Magic Laxman Rekha was used by its since 1992 The defendants statement in the application made to the Trade Mark Registry on 30.5.1996 for registration of trade mark Magic Laxman Rekha claiming companytinuous user since 1992.
Not only that but the Appellants have had a Copyright in the Marks KRAZY LINES and LAXMAN REKHA with effect from 19th of November, 1991.
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.
In view of these facts, the learned Single Judge granted an interim injunction preventing the Respondents, their servants, agents, distributors, stockists or any other person acting on their behalf from manufacturing, marketing, distributing or selling insecticides, pesticides as well as insect repellent under the name LAXMAN REKHA as well as packing design having similar companyour scheme, get up, background and companyour companybination as that of Appellants Copyright.
This Appeal is against the judgment of the High Court dated 20th September, 2001.
Briefly stated the facts are as follows The Appellants filed a suit for passing off and for infringement of Copyright.
The defendants number denial of plaintiffs assertions in the numberice dated 28.2.92 to the effect that the plaintiff used the phrase Laxman Rekha on its product The plaintiffs assertion of the ownership of companyyright in the packaging companytaining the words Laxman Rekha The defendant has number chosen to give an explanation why he adopted Magic Laxman Rekha The defendants averments in Suit No.
