B. N. KIRPAL, J. (Oral)

( 1 ) THE question which has been referred to this Bench, by a Single Judge of this Court, tor decision is whether a single suit can be filed when it is alleged that there has been an infringement of the plaintiff s trade mark and copy right. In other words can one suit be filed in relation to two distinct statutory causes of action.

( 2 ). The plaintiff in the suit had alleged that the defendant had infringed the plaintiff s registered trade mark and also its copy right. The allegation was that the plaintiff s copy right existed on the labels and carton? in which goods had been packed which carried the trade mark of the plaintiff. With regard to the trade mark the allegation was that-the plaintiff was the registered proprietor of the mark "jay". It was also: alleged, with relation to the copy right, that the plaintiff had been using distinctive cartons in which the goods manufactured by the plaintiff namely, locks, meters, cut outs etc. were packed. It was further alleged in the plaint that the defendant was infringing the plaintiff s aforesaid registered trade mark and also the copy right which existed in the artistic work on the cartons of the plaintiff. B

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