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In the High Court of Judicature at Madras Dated: 9-9-2008 Coram:

The Honourable Mr.Justice M.Chockalingam and The Honourable Mr.Justice M.Venugopal O.S.A.No.375 of 2007 Parle Products Private Limited, having its registered office at Nirlon House, 254-B, Dr.A.Besant Road, Mumbai-400 030. .. Appellant vs. Surya Food & Agro Limited, having its registered office at D-1, Sector 2, Noida, District Gautam Budh Nagar, Uttar Pradesh. .. Respondent Original Side Appeal against the order of the single Judge of this Court dated 5.9.2007 in Application No.6025 of 2007 in Civil Suit No.798 of 2006.

5. The case of the appellant/plaintiff--Parle Products Private Limited (Mumbai), is that it is carrying on business of manufacturing and marketing inter-alia the biscuits and confectionaries; they have developed new and original packet designs having several novel features in its shape, configuration and surface pattern; with a view to protect the unique design and novelty of the packets, on 31.5.2001, the plaintiff filed three applications for registration of the said designs for biscuit-packets with the Office of the Controller of Patents and Designs, and the said designs were accepted and registered under the Design Registration Nos.185711, 185712 and 185713, dated 31.5.2001 under Class 09-01 as per the provisions of the Designs Act, 2000 and the Designs Rules, 2001; another two new and original biscuit packet designs having novel features in its shape, configuration and surface pattern, were accepted and duly registered under the Design Registration Nos.188156 and 188157, dated 18.2.2002 under Class 09-7 of the provisions of the Designs Act, 2000 and Designs Rules, 2001 and that the registration of the said designs are valid and subsisting.