R.M. Lodha, J. (Oral) - This is a matter of "chair", not for power, but for infringement of registered design and passing off. In the action initiated by the plaintiffs relief is sought against the act of infringement of the 1st plaintiff's registered design of baby chair with human face and for passing off committed by defendants by adopting similar/identical design, shape, and configuration and get up in respect of baby chair manufactured and sold by the defendants.

2. The case set up by the plaintiffs is:-

"The 1st plaintiff is the manufacturer of plastic toys and plastic moulded chairs and other items such as office high tech chairs and furniture. The 1st plaintiff is manufacturing plastic moulded chairs of various designs including baby chairs with a design of human face with inserts which has been registered under the Design Act bearing registration No. 169723 and selling these to the 2nd plaintiff. The 2nd plaintiff is marketing and selling the said plastic moulded chairs under their registered trade mark "Moderna". The defendants are also manufacturers and dealers of moulded furniture including plastic chairs of various designs, shapes, and sizes. In the year 1994,