( 1 ) IN this case both the plaintiff and defendant No. 1 are in the business of manufacture and sale of washing soaps. The plaintiff M/s. Deep Chand Arya Industries is in the trade since the year 1959. In April, 1976 the plaintiff adopted the trade mark sinaula in respect of their products. The trade mark sinaula of the plaintiff is registered under No. 314123 dated 19th April, 1976. The plaintiff is packing and marketing its products in the wrapper entitled sinaula . The wrapper used by the plaintiff is registered under the Copyright Act, 1957. According to the plaintiff. the colour scheme, get-up, lay-out and arrangement of the plaintiff s wrapper is an artistic work and the same is protected under the provisions of the Copyright Act.

( 2 ) THE defendant M/s. Kiran Soap Works came in the business of the manufacture and sale of washing soap in June 1979 and they are trading under the trade-mark sindrela and are packing and marketing their product in the wrapper entitled sindrela , The wrapper used by the defendants have same colour scheme, get up, lay out and arrangement as of the wrapper of the plaintiff.

( 3 ) THE case of the plaintiff is that the trade ma