JUDGMENT :

ARIJIT BANERJEE, J.

1. In this suit filed for alleged infringement of copyright in the artistic work BANPHOOL (Label) and the artistic work BANPHOOL OIL (Carton), the plaintiff has filed this interlocutory application essentially praying for an order of injunction to restrain the defendant from producing or selling or marketing any product using the said label and carton as portrayed in Annexures-K and L to the petition. The short contention of the plaintiff/petitioner is that it is the owner of the copyright in the artistic work on the said label and carton. It has not permitted the defendant to use the said label and carton for carrying on the defendant's business of manufacture and sale of hair oil. By manufacturing and marketing/selling its hair oil using the said label and carton, the defendant is infringing the plaintiff's copyright in the said label and carton.

2. The undisputed facts of the case are that, at all material times, the Sharma Brothers carried on the family business of manufacture and sale of Ayurvedic hair oil under the name of BANPHOOL. This business was carried on in co-partnership, pursuant to a partnership deed executed in 1982 by and between the Sh