- (1.) THIS appeal challenges the judgment of the learned Single Judge of this Court made in C. S. No. 425 of 1987.
(2.) THE Court heard the learned counsel on either side. It was a suit filed by the plaintiff/appellant, ventilating his grievance that the copyright of the plaintiff was infringed by the defendants and there was passing off the goods of the defendants as and for the goods of the plaintiff and hence the plaintiff sought the relief of permanent injunction restraining the defendants from infringing the plaintiff's copyright in the artistic design and literary work contained in its package Exs. C-1 and C-2 by use of the defendants of their package Exs. G-1 and G-2 or by any other package containing any artistic work or literary work which is deceptively similar to plaintiff's package being Exs. C-1 and C-2 and also for permanent injunction restraining the defendants from passing off the goods of the defendants as and for the goods of the plaintiff by using the trade mark ALWAYS or by use of the package being Exs. G-1 and G-2 hereto annexed or by use of the distinctive colour scheme and get-up and in particular the device of a flying bird in a logo form or any other design which is deceptively similar to the plaintiff's package design being Exs. C-1 and C-2 and also seeking for damages and other reliefs.
(3.) WRITTEN statement was filed, inter-alia, denying all the averments in the plaint. The defendants came forward with the specific averments that the defendant had applied for registration of trademark COMFIT ALWAYS even prior to the registration of the trademark of the plaintiff and they have been trading so internationally and hence coming forward with such a suit seeking for injunction was thoroughly misleading and that the plaintiff was not entitled for the relief.;