1. The Plaintiffs and the Defendant. The 2nd Defendant, ebay India Pvt. Ltd, was directed to be deleted by a separate order are fighting over crayons.

2. According to the Plaintiffs, Faber-Castell AKG and A. W. Faber-Castell (I) Pvt Ltd (together, “Faber-Castell”; separately “Faber-Castell AKG” and “Faber-Castell India”, respectively), The 2nd Plaintiff is the wholly-owned Indian subsidiary of the 1st Plaintiff they have since 2010 marketed in India through the 2nd Plaintiff a set of 24 crayons in quite luscious colours, of a distinctive type and in unique packaging. Faber-Castell says that the Defendant, Cello Pens Pvt Ltd (“Cello”), has not merely copied every single aspect of the Faber-Castell product “down to the last millimetre”, as Mr. Dhond who appears for them puts it, but have infringed Faber- Castell’s design. The cause of action in the suit is in design and copyright infringement combined with a cause of action in passing off.

3. The Notice of Motion was first moved quite recently, on 9th July 2015. Since then a very large number of Affidavits have come to be filed. The paper-book in the Notice of Motion alone is now over 647 pages and has gone to the stage of a