( 1 ) THE plaintiffs claiming to be engaged in the sale of suitcases all over the globe have instituted the suit against the defendants stating that the defendants have infringed the plaintiff s copyright in drawings; the defendants are passing off their goods and they are imitating the trade dress in making the suitcases to sell their products. The defendants resist the case of the plaintiffs on various grounds. In view of the fact that the parties relied heavily on their respective pleadings to project their respective contentions and the arguments covered a very wide canvass, it has become necessary for me to refer to the pleadings in the first instance and then to deal with the rival contentions put forth at the time of the arguments and the precedents referred to by the learned Counsel for the parties.

( 2 ) THE case of the plaintiffs could be recounted in the following terms. The first plaintiff Samsonite Corporation is a Company operating under the State of Delaware Colorado in the United States of America. The second plaintiff Samsonite India Pvt. , Ltd. is a joint venture Company formed by virtue of the agreement dated 7. 11. 1995 between the first plain