- (1.) The plaintiff has filed the instant suit seeking permanent injunction restraining the defendant from infringing the registered copyright of the plaintiff and for damages.
(2.) The plaintiff claims to be using a distinctive logo. The plaintiff claims it to be an original artistic word. The plaintiff has been using such logo with its trade mark. The plaintiff alleges that, the defendant is selling pressure cookers bearing an identical and/or deceptively similar label as that of the plaintiff. The plaintiff had issued a cease and desist notice to the defendant. The defendant not doing so, the plaintiff has filed the instant suit.
(3.) The defendant has filed a written statement. In the written statement the defendant contends that, the mark is not an original work of art. The label used by the defendant is neither similar nor deceptively similar. There are a number of differences between the plaintiff's label and the label used by the defendant. The defendant contends that the plaintiff has abandoned its label and has instead adopted a dissimilar label.;