JUDGMENT - BOBDE S.A., J.:---This is a plaintiffs motion for an injunction restraining the defendants from infringing the plaintiffs registered design of a marker pen or a highlighter sold by the plaintiffs under the trade mark "TEXTLINER". The plaintiffs also claim an injunction restraining the defendants from passing-off their highlighter or marker pen under the trade mark "TEXTLINER" by use of the impugned trade mark "TEXTLINER" and by adopting an almost identical configuration, shape, design colour scheme and get up for their product.

2. The plaintiffs are proprietors of registered Design No. 1744290 dated 1-8-1997. This registration is under the Designs Act, 1911. It was issued on 12-1-1998. The certificate of registration contains a pictorial representation of the plaintiffs highlighter and states as follows :

"The novelty resides in the shape and configuration of the line marker in particular in the cap portion C and the ornamental surface pattern P. as illustrated."

There is an ornamental surface pattern on the plug at the bottom of the highlighter. The plug is that part of the highlighter used for filling the fluorescent ink. The registered design is dated 31-7-1997 and cert

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