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IN THE HIGH GOURT OF KARHATAKA AT BANGALORE
DATED THIS THE 17?" DAY OF' OC'I'O3$R 2008
BEFORE
mm Hoarsm mnwsncm 3.3. PA'!'I_:1;'*~ I .~
wan' Pmmox No.1gg6_j Q g T' ' J
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Ml s.Mysom Light Works India _
No.64/2, I Floor, 6"' Main, '
New Guruppaxcia Palya,
Bannerghatta Road,
Bangalore -- 560 029, .. . _4 V 'A "
Rep. by its Partner. _ ; L PE'i'I'!'!0!lER
(By Sri Padmanabha Mahalay$a;:'Sr;-- l "
for Sri Vishnu Head; .Adi§.) § _
""" ..
II
1. The Mysore" LampV1%Ierksv'i)£<1.'," .
Having' its'
Old Road, P.B.1,
Mailcswaram Wcst P7.'O.,'-
Ba11gz~:§loré'~ 560 055, _
"R¢pL ifs Ma«11aging"I§i1ector.
9-' Works Pvt. Ltd.,
HB,g-453,31" 1*.4'ai__n,* , 1" Cross,
Dollars Co1on3r,'TRMV 1! Stage,
V . G94,
'Rep. byMa11ag:i.ng Director. RESPOIIBEICTS
Naik, Adv. fir Indus Law', Advs. for C] R)
Writ Petition is filed under Articks 226 & 227 of the
V . V VT lfionsfimflon of India praying to call for record and issue ofwrit
' of.oe:rtiorari or any other writ to set aside the impugned order
{fated 30.07.2008 passed by the XVIII Addl. City Civil and
....2....
Session Judge, Bangalore (CCH-10} on LA. No.5 in
O.S.No.'7423/ 2004 i.c. Axmcxurc-A and grant such othcr___rc1icf.
This Petition coming on for orders this day, ..
made the foI1ow:ing:- ' 4' » , " 3
O R D E R
01. After arguing the matter for ‘
taken time to consider whether the
an undertaking’ before this ._ staf:i11g “‘o1f1er of’?
temporary injunction granted 1.2005
in O.S.No.7423/2004 “te’,”_ has filed a
memo undextaldngand gsénxing potifioncr will not use
the ‘i;mn}5s’ and the logo ‘ML’ and also
the trade «m”af_’ k JI..amps’ and logo ‘NML’ till the
of the mar 1531 the suitable clarification is made by
02.; A ‘I’Ahe in the writ petition is to the order passed by
‘Vtne on 30.07.2008 allowing I.A.No.5 filed by the
“V.§:2é}j.titi\Et’s–¥’espon.de13.ts herein and appointing the Court
..fo’.Co1;1£:iAissioner to search the places mcnmrned in the schodulc of
” application or other places shown by the plainfifis whom the
H defendant was allegedly infringing and using the trade mark
‘Mysom Lamps’ and tho Logo ‘ML’ on its product and to seize all
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such goods, dies, articles, litetatuxes, cartons, bins, labels,
boards, stickers, tags, papers ctc., bearing thc trade mark
‘Mysore Lamps’ and the logo ‘ML’ and produce the same Vbzfom
tins: Court. It is submitted before the Court that ‘tq
this order, the Commissioner was appointed fl1_cé
which 1nfnnged’ ‘ the trade mark by ‘
and the logo ‘NM1; have been .’
seenfiom the records that
stored in tbs ofiice premises to the
Petitioner has been depriving the
petitkyner of its fight:
03. The @133′: hi’ “5I1;iu11ct1?on has atta1ned’ fi.na]1Iy’ .
The order statfi-.aV_:V that Athev:dpetiti¢)n::r herein who was the
‘vdefendéfit befozt; tltu; below is restrained from using the
‘Lamps’ and logo ‘ML’. In the body of the
‘ VV oxddr,’ is that the petitioner was not just1fied’ in
t11c~~ tgfidémark of the nesponcicnts by using a prefix ‘New’
‘NML’ in the place of ‘Mysore Lamps’ and ‘ML’. In
circumstances, while I 50 not find any ilkzgality in the
‘4 directing seizure of the goods, then: is no justification to
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keep the omce premises and godewn under lock.