1. Leave to amend the Notice of Motion in terms of the draft amendment tendered, taken on record and marked “X” for identification. Amendment to be carried out forthwith, without need of re-verification. Mr. Khandekar waives service of the amended Notice of Motion.

2. I have before me on my desk two plastic containers. One is manufactured by the Plaintiffs. The other is manufactured by the Defendants. There is a difference in colour: the one in lighter pink is manufactured by the Plaintiffs. The one in a darker hue, closer to purple, is manufactured by the Defendants.

3. The question in this Notice of Motion for interim relief in an action in infringement and passing off under the Designs Act, 2000, is whether the Defendant’s product infringes the Plaintiffs’ registered design.

4. I must state straight away that, though this is perhaps oversimplified, to the threshold question of whether these products have any appeal, one that is to be judged solely by the eye, the answer must be an unqualified yes.

5. There is then, of course, the question of similarity, and when I asked Dr. Saraf for the Plaintiffs which container is whose, he responded, and I think quite correctly, by say