P.K.SETHURAMAN, J. - (1.) THIS is an application filed under Order XIV Rule 8 of O.S. Rules and Order 39 Rules 1 and 2 C.P.C. praying for an interim injunction restraining the respondent, their servants, agents heirs, successors and assigns, printers and distributors, wholesalers and stockists of any of them from using the impugned packets/pouches being Documents Nos. 44 to 51 or any other packets or pouches or artistic works which are similar or which are a colourable imitation of the artistic work in the plaintiff's registered copyright as found in Document Nos. 28 to 36 pending disposal of the suit.
(2.) IN the affidavit filed in support of the application by the legal Manager of the applicant/plaintiff company, it has been stated that the suit has been filed by the plaintiff complaining of the acts of infringements committed by the respondent in which the impugned labels are identical to and/or deceptively similar to and a colourable imitation of the artistic work subsisting in the plaintiff's registered copyright. The plaintiff is also complaining against the acts of passing-off committed by the defendant by using labels which are deceptively and or confusingly similar to the labels used by the plaintiff in respect of their "BROOKE BOND SONA SPICES." The defendant has dishonestly copied the plaintiff's labels and has adopted the colour scheme, lay-out, and get-up in order to trade upon the reputation and goodwill acquired by the plaintiff in respect of the labels used by the plaintiff for sale of the plaintiff's Brooke Bond Sona Spices. A scrutiny of the defendant's impugned labels will show that the defendants has deliberately and intentionally copied the essential features of the artistic of work in the registered copyrights of the plaintiff's and also has adopted in identical colour scheme and background, lay-out, get up and pictorial representation with absolute mala fide and wrongful motives corresponding to the labels of the respective products of the plaintiff. The defendant's impugned labels are further calculated to pass off or enable other to pass-off their inferior goods of spices as and for the reputed products of the plaintiff.
(3.) THE illegal acts of the defendant are grossly prejudicial to the interest of the consumers and the general public and apart from giving rise to civil liability due to the said wrongful activities committed by the defendant, the defendant has also committed a criminal offence under section 63 of the Copyright Act, 1957.;