( 1 ) THE plaintiff has preferred this suit for permanent injunction restraining the defendants from manufacturing, selling offering for sale or dealing, in the pencils bearing the distinctive floral design, colour combination, lay out and arrangement of artistic features of the plaintiff s pencil FLORA and from reproducing the floral design, colour combination, lay out and arrangement of artistic features of the cartons pertaining to the their FLORA pencils and from doing any other thing as is likely to infringe the plaintiff s copyright in respect of its FLORE pencil cartons and also restraining the defendants from maufacturing, selling or dealing in pencils under the trade mark FLORE or any other mark as is identical to and/or deceptively similar with the trade mark FLORA of the plaintiff.

( 2 ) THE case of the plaintiff as set up in the plaint, is that the plaintiff is one of the lagest manufacturers of art and stationery materials and is exclusively marketing the goods of its manufacture for the last 40 years and one of the famous products of the plaintiff is its Camlin FLORA pencils which are highly distinctive and are manufactured and sold in distinctive a