Devinder Gupta, J.

( 1 ) THE plaintiff in this application is seeking temporary injunction against the defendant from circulating cover jackets, stickers or any other advertisement material promoting the impugned character under the impugned name "nagesh", in any manner whatsover, so as to be likely to amount to infringement of the plaintiff s copyright in the character "nagraj".

( 2 ) THE plaintiff in the suit filed against the defendant has claimed a decree for declaration to the effect that the copyright in the comic series NAGRAJ and the character of "nagraj" vests in the plaintiff and the intention of the defendant to bring out comic series under a closely resembling title and having a "nagraj- like" character as its hero, is unjustified and would amount to misrepresentation. In addition to praying for a decree for declaration, the plaintiff has also prayed for decree for injunction restraining the defendant, its distributors, servants, agents and representatives from circulating cover jackets, stickers or any other advertisment material promoting the impugned character of "nagesh" in any manner whatsoever so as to likely to amount infringement of the plaintiff s copyright in

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