SANJAY KISHAN KAUL, J.

( 1 ) THE colours of a rainbow are striking and universal. A combination of colours creates its own kaleidoscope. A colour is not the property of any individual, but colour combinations used in a particular pattern may create identification with a product.

( 2 ) WHAT s in a name? That which we call a rose by any other name would also smell as sweet , said William shakespeare. There is but still a tendency to copy the names because a rose is a rose. An amalgam of colour combinations, names and logos may create a total identification with a product and the allegation of copying the same has given rise to the present litigation.

( 3 ) THE plaintiff is a registered partnership firm engaged in the business of manufacture of incense sticks or agarbathies. Initially, the business was established as a proprietorship concern in 1948 by the father of the present partners of the plaintiff firm and is stated to be now a part of the RANGSONS GROUP started by late Shri n. Ranga Rao. The diversified business now carried on by the Group is stated to not only include the business in question, but also other businesses like electronics and education, though the flagship firm o

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