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As per case facts, the appellants filed suits in the High Court alleging infringement of their copyright, registered trademarks ('Sumeet'), and design registration for mixer components. The respondent company, incorporated
...in 1984 by a family member, started manufacturing mixies identical to the appellants', who had been producing them since 1963. The High Court denied interim injunctions, citing 'honest and concurrent user' and 'acquiescence' by the plaintiffs. The question arose whether an interim injunction for infringement of trade mark, copyright, and design should be denied based on pleas of 'honest and concurrent user' or 'acquiescence' when infringement is established. Finally, the Supreme Court ruled that once infringement of trade mark, copyright, and design is established, an interim injunction cannot be denied. It clarified that 'honest and concurrent user' is not a valid defense for copyright infringement, and a single trade mark cannot have two rival proprietors. The appeals were allowed, and interim injunctions were granted in favor of the plaintiffs.
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