Being aggrieved by both the orders dated 25th August, 2015 passed by the learned District Judge – 3, Nashik allowing the application (Ex.5) filed by the respondent (original plaintiff) in Suit No. 1 of 2015 and Suit No. 2 of 2015 inter alia praying for injunction against the appellant, his directors, partners, officers, servants, agents and representatives restraining from using the marks, trade marks or labels that are similar or identical to that of registered trade mark and copyright of the respondent in any manner during the pendency of the suit and for other reliefs, the appellant (original defendant) has preferred these two separate appeals. The parties in this order are described as per their status before the learned trial judge. By consent of parties, both the appeals were heard together and are being disposed off by a common order. The parties have agreed that reasons as may be recorded by this court in Appeal from Order No.393 of 2016 shall also be applied to Appeal from Order No. 394 of 2016 and no separate reasons shall be recorded in Appeal from Order No.394 of 2016. This court is accordingly summarizing the relevant facts in Appeal from Order No.393 of 2016.

2. The plaintiff is proprietor of M/s.Prem Mehandi Centre and is manufacturer and seller of various mehandi products, mehandi cone, mehandi powder, hair dye, hair colours, etc. in the brand of Kaveri, Prem Dulhan, Nisha, etc. The plaintiff has been granted licence under Shop Act License No. E-14413/1 issued on 9th May, 2000. The defendant is carrying on business of manufacturing and selling mehandi products.

3. It is the case of the plaintiff that the plaintiff commenced his business in the name and style of M/s.Prem Mehandi Centre as a proprietor firm in the year 1998, of manufacturing, marketing and selling mehandi products. It is the case of the plaintiff that the plaintiff has been using the trade name “KAVERI” for his products since the year 2007. The plaintiff got his trade mark registered under the Trade Marks Act, 1999. The plaintiff's mark and label of “Kaveri Mehandi Cone” is registered vide registered no.1636298 dated 31st December, 2007. It is the case of the plaintiff that the wrapper of his product “Kaveri Mehandi Cone” is an original artistic work, which is authored and created by Mr. Shripal Lodha on behalf of the plaintiff on payment of consideration. The plaintiff claims to be the owner of the copyrights of the artistic work and has obtained statutory protection of the said artistic work by acquiring the copyrights certificate under the provisions of Copyright Act on 9th July, 2009. It is the case of the plaintiff that the title of the work on the registration certificate is “PREM DULHAN'S KAVERI MEHANDI CONE WITH DEVICE OF LADY AND HANDS”. The plaintiff conceived of and adopted a label and name of “KAVERI” in respect of mehandi cone and mehandi powder. The said label comprises of pink coloured portion and brown coloured portion separated by a green coloured rectangular border. On the front portion the phrase “Kaveri Mehandi Cone Colour Aisa Jo Dewana Bana De” is written on topmost portion in red colour and below it word “Rajasthan's Mehandi” is written in black colour. Following it the word “KAVERI” is written in bold blue colour with the mark 'R' in circle and below it the word “Mehandi Cone” is written in bold green colour. Below the words there is image of hand with drawing of mehandi on its. Next to it is a circle describing “100% NATURAL HENNA CONE”. On the extreme right there is image of lady. On all the border of the wrapper the name and address of the plaintiff is written in yellow and white colour.

4. It is the case of the plaintiff that the plaintiff has been using the said label of his product for packing and selling all over the country and the products are also exported for sale in Nepal and Bangladesh. The said product has become famous because of its best quality. It is the case of the plaintiff that the said mark/lab