( 1 ) THIS order shall also govern Crl. M (M) 535 of 1986.

( 2 ) THE parties to the dispute-Flower Tabacco Company (hereinafter to be referred as the complainant) and Mottahadesh Brothers (hereiufter to be referred as the accused)-are engaged in ths business of manufacturing and sale of tobacco for Hukkah. The dispute is in respect of a trade mark "abbu DALLA/device of a pot represented in a special and in a particular manner" and copyright in artistic work namely printing on the container used for packing tobacco, with distinctive features of ABBU DALLA having an alleged unique colour combination, lay out and arrangement.

( 3 ) ON February 27, 1986 the complainant filed a complaint under Sections 78 and 79 of the Trade and Merchandise Mark Act, 1958 and Sections 63 and 64 of the Copyright (Amendment) Act, against the accused and unknown persons. The complainant claimed that it bad adopted the said trade mark in the year 1972 in relation to its goods and had used the trade mark continuously and exclusively in the course of its trade. It had extensive sales amounting to nearly Rs. l. 00 crore per annum and had spent substantial amount on the publicity. These goods had