- (1.)This is an appeal against a decision of Mr. Justice Somjee which raises a pure point of law.
(2.)The facts are not in dispute. The plaintiffs are the registered proprietors of a design registered under the Indian Patents and Designs Act of 1911, which is for use on textile goods. The design was registered on April 2, 1936, and accordingly, under Section 47 of the Act, the plaintiffs have copyright in the design for five years from that date.
(3.)A firm of merchants in Bombay called M.S. Mustak & Co. admittedly handed over to the defendants, who are a Japanese firm with an office in Bombay, a design which infringed the plaintiffs' copyright. The object of Mustaks was to have the design placed on textile goods which were to be imported by the defendants from Japan and sold to Mustaks.
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