JUDGMENT

Surinder Singh Nijjar, J.

1. Leave granted.

2. This judgment shall dispose of C.A.No.10745 of 2013 @ SLP (C) No.22280 of 2011 and C.A.No. 10746 of 2013 @ SLP (C) No.33453 of 2011. Both the appeals impugn the judgment of the High Court of Kerala at Ernakulamdated 15th March, 2011, rendered in Civil Revision Petition No.1417 of 2004.

3. Since these are cross appeals, the parties shall be referred to as plaintiff and defendant. The facts at the centre of this controversy are as follows: The Plaintiff is engaged in the business of manufacturing and marketing of footwear since 1975, under the registered trademark for which it also possesses the registered copyright. The Plaintiff is located in Kerala. The Defendant, which is located in Jalandhar, Punjab, also manufactures and markets its footwear under the registered trademark and copyright PRAGATI/PARAGATI with a device of lion.

4. On 19th March, 2001, the Plaintiff filed a suit being O.S. No. 2 of 2001 at District Courts in Kottayam, Kerala against the defendants, claiming relief under the Copyright Act, 1957 (hereinafter referred to as “1957 Act”) and the Trade and Merchandise Marks Act, 1958 (hereinafter referred to a