- (1.) This appeal is against the judgment of the High Court dated 20-9- 2001.
(2.) Briefly stated, the facts are as follows: the appellants filed a suit for passing off and for infringement of copyright. In the suit an application for interim injunction under the provision of Order 39 Rules 1 and 2 of the Code of Civil Procedure was filed. A learned Single Judge of the High Court in order dated 31-7-2001 noted the following facts: "(I) The defendant admittedly worked with the plaintiff prior to launching its business. (ii) The plaintiff's prior and prominent user of the phrase Laxman rekha as a part of the description of crazy lines as shown by the documents i. e. advertisements at least of 1991 produced by the plaintiff showing prominent user of the phrase Laxman Rekha. (iii) The defendant's non-denial of the plaintiff's assertions in the notice dated 28-2-1992 to the effect that the plaintiff used the phrase 'laxman Rekha' on its product. (iv) The plaintiff's assertion of the ownership of copyright in the packaging containing the words 'laxman Rekha'. (v) The defendant has not chosen to give an explanation why he adopted 'magic Laxman Rekha'. (vi) The defendant's averments in Suit No. 1967 of 1996 that the product Magic Laxman Rekha was used by it since 1992. (vii) The defendant's statement in the application made to the Trade mark Registry on 30-5-1996 for registration of trade mark 'magic laxman Rekha' claiming continuous user since 1992. "
(3.) In view of these facts, the learned Single Judge granted an interim injunction preventing the respondents, their servants, agents, distributors, stockists or any other person acting on their behalf from manufacturing, marketing, distributing or selling insecticides, pesticides as well as insect repellent under the name LAXMAN REKHA as well as packing design having similar colour scheme, get-up, background and colour combination as that of the appellants' copyright.;