JUDGMENT -S.H. KAPADIA, J.:---The plaintiffs have filed this suit against the defendants seeking permanent injunction restraining the defendants from using in relation to their product (Tablets) the impugned carton, a photograph of which is annexed at Exh. H to the plaint or any other deceptively similar carton. Both the plaintiffs and the defendants manufacture antibiotics known in the trade as "Septran Tables" and "Simptran Tablets" respectively. The plaintiffs claim to be the registered Proprietors of the trade mark "Septran" since 1969. They also claim to be the owner of copy rights in various labels and artistic work used by them on their cartons in relation to their product Septran tablets. It is the case of the plaintiffs that since 1993 after discontinuance for about 7 years, the defendants have once again started indulging in colourable imitation in plaintiffs trade marks and artistic labels/cartons and is passing off their product as if associated with the plaintiffs. The plaintiffs have accordingly framed its cause of action in the suit on the footing of the alleged infringement of registered trade marks of which the plaintiffs are the Proprietors, passing off as well as

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