( 1 ) THIS is plaintiff s application under Order 39 Rule 1 and 2 read with section 151 of the Civil Procedure Code, who has brought a suit seeking is liancs of permanent injunction against the defendant, asserting to be a registered proprietor of trade mark "mexpal" inrespect to goods of car polishes, and also having a copyright in a specific design, get-up, colour scheme etc. in relation to tin boxes in which the said goods are marketed and sold, alleging infringement of the said copyright on part of the defendants, and seeking a restraint order prohibiting them from manufacturing, selling or otherwise dealing in car polishes in the tin boxes identical or deceptively similar to those of the plaintiff.

( 2 ) THE area of controversy in the present case is very narrow, being restricted to the copyright in the design, colour scheme. shape and get-up of the tin-boxes, inasmuch as the trade mark of defendant s goods is wholly different for the reason that whereas the plaintiff s trade mark is "mexpal", that of the defendant s is "farishta". The plaintiff claims user since the year 1979. and registration of the copyright since 1980, when he got both his trade mark as