O. CHINNAPPA REDDY, J.

( 1 ) THE appellant makes biscuits. So does the respondent. The appellants biscuits have embossed on them a certain design in the centre of which appear the letters " AF". The design is registered under the Design act, 1911. The respondents biscuits also have embossed on them an identical design except that the letters " AB" appear instead of the letters "af". The appellant complaints that the respondent has committed piracy of his design. He has filed a suit in the city Civil Court, for a permanent injunction to restrain the respondent from using the design on his biscuit. Pending disposal of the suit he sought a temporary injunction. An ad interim injunction was granted on 20. 6. 1972 but after notice the interim injunction was vacated on 10. 7. 1972. the present appeal was filed and an interim injunction was granted on 31. 7. 1972 by my brother Mukthadar, J. The appeal has now come up for final hearing. The learned additional Judge of the City Civil court refused the temporary injunction on two grounds; (1) the appellants design, though registered was not a new and original design since the affidavit filed on behalf of the respondent showed that they had be

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