Satyabrata Sinha, J. - (1.) This appeal arises out of an order dated 12th January, 1998 passed by Shri K. Chatterjee, Additional District Judge, Alipore, 24-Parganas (South) granting an order of injunction in favour of the plaintiff-respondent.
(2.) The plaintiff-respondents are said to be a group of companies. Admittedly the plaintiff No.2 is a registered company under the Copyrights Act in respect of a logo which is contained in Annexure A/1 to the plaint. According to the plaintiffs, they had been manufacturing and marketing hawai chappal commonly known as Khadim Hawai , a photo copy whereof is contained in Annexure B to the writ application. The defendant-appellant No.l was manufacturing and marketing Hawai Chappal in the name of Kadams and Kamal" upon user of the logos and stickers which are deceptibly similar to those used by the plaintiffs. The plaintiffs allegedly having come to learn about the wrongful user of the logos and stickers by the defendants filed the aforementioned suit. They also filed an application for injunction stating: "The plaintiff/ petitioners have made several applications for registration of their trademarks under the Trade & Merchandise Marks Act, 1958 and such applications include the following:- JUDGEMENT_65_LAWS(CAL)7_1998_1.html copies of said applications are annexed hereto and marked with the letter A-l.
(3.) The plaintiff/petitioner No. 2 is the proprietor of copyright of an artistic K logo being a distinctive artistic work which is applied to footwears of the plaintiff/petitioner, being registered under registration certificate bearing No. A/5599-70 issued by the Registrar of Copyright, Delhi. A copy of the said certificates of registration No. A/5599-70 is annexed hereto and marked with the letter B.";