( 1 ) THIS order shall govern the disposal of IA. No. 6321/2000, which is under order 39 Rules 1 and 2 Civil Procedure Code, filed by the plaintiff in suit No. 1376/2000 seeking ad interim injunction against the defendants restraining them from manufacturing and selling footwear under the trade mark "ayoor" other mark which may be deceptively similar thereto and from doing any other thing as may lead to confusion and deception amounting to passing off the goods and business of defendants as and for those of the plaintiff. Plaintiff further seeks interim injunction restraining defendants from infringing the copyright in the artistic work titled ayoor having the particular lettering style, get-up, design, layout and plan.

( 2 ) THE plaintiff M/s Three-N-Pruduct s has filed this suit under section 105 and 106 of the Trade and Merchandise marks. Act, 1958 (for short the Act) and under section 55 of the Copy Right Act. 1957 pleading therein that the plaintiff which was earlier a partner ship firm and later on converted into a Private Limited with effect from 1/1/1993, is a renowned manufacturer of cosmetic products including creams, skin care lotions, shampoos hair care treatment material, health care tea etc. On 1/4/1984 plaintiff adopted the trade mark AYUR in respect of their afore mentioned goods and further the plaintiff is the registered proprietor of the trade mark AYUR in the following classes :

( 3 ) BESIDES the plaintiff has also filed an application for registration of trade mark AYUR under No. 842840 in class 25 of schedule IV to the Rules. The plaintiff s artistic work AYUR is also registered under the provision of Copyright Act under No. A-53528/96 and the said registration is still valid and subsisting ). It is pleaded that the plaintiffs are the owners of the artistic work titled AYUR having a distinctive get-up, lay out, plan and lettering style. The said artistic work is being continuously, extensively and exclusively used since the year 1984. The plaintiff s have given a vide publicity to the trade mark AYUR through various advertising media including T. V. , Radio, Newspapers, Magazines, periodicals, etc and the goods sold under the impugned trade mark AYUR connote and denote the goods and merchandise of the plaintiffs origin and none else. The sales of plaintiffs goods under the trade mark AYUR runs into crores of rupees. The trade mark AYUR has acquired unique reputation and valuable goodwill in the eyes of the public.

( 4 ) IT is alleged that in the month of June 1998, the plaintiff learnt about the piracy of the trade mark AYUR in relation to footwear by one M/s Bangri Footwear and one m/s. K. K. Footwear. The plaintiff, thereupon, filed suit no. 1304/98 wherein a restraint order as issued against m/s. Bangri Footwear and M/s K. K. Footwear restraining them from manufacturing and selling footwear under the trade mark AYUR or any other mark which may be deceptively similarly thereto. The plaintiff has come to know in the 3rd week of June, 2000 that the defendant is manufacturing, selling and/or offering for sale footwears under the trade mark ayur and have also imitated the artistic work of the plaintiff because over all appearance get up, layout, style are identical to and/or deceptively similar to these of plaintiffs registered trade mark ayur it is alleged that all the essential features of the plaintiffs copy right has been copied and imitated on the products manufactured and marketed by the defendants which amounts to infringement of the trade mark and infringement of copy right. Such acts of the defendants are not only calculated to deceive the customers and to cause them to believe that the goods of the defendants are produced by the plaintiffs or that the defendants are in some way associated on business with the plaintiffs and this is being done with the malafide intention to take of the goodwill and reputation of the plaintiffs mark. This act of the defendants amounts to passing o