1. This is an action for passing off and infringement of the plaintiff’s trade-marks and copy rights. The plaintiff has sought a permanent injunction restraining the defendant from using the word “variety” and the flying “V.” logo and/or any other similar or deceptively similar marks, style and/or logo as part of the defendant’s publications, web site, trading style or otherwise so as to infringe the plaintiff’s registered trade mark variety. The plaintiff has also sought a perpetual injunction restraining the defendants from passing off its publications and/or web site as that of the plaintiffs by using the said mark and logo and/or any other mark or logo similar or deceptively similar thereto, a permanent injunction retraining the defendant from infringing its copy right in the original artistic work as shown in Exhibit “A” to the plaint and a mandatory order directing the defendant to forthwith change the name of its publications and/or web site so as to ensure that the word “variety” and the logo do not appear therein.

2. Plaintiff No.1 and Plaintiff No. 2, “Variety Inc” are corporations registered in the United States of America. Plaintiff No.1 is the owner of a dom