R. N. Aggarwal, J.

( 1 ) IN this case both the plaintiffs and the defendants carry on the trade in manufacture and sale of steel balls. The plaintiffs are trading under the trade mark nova and the defendants under the trade merk jani . The plaintiffs pack and market the steel balls in their artistic carton entitled nova . The salient features of the plaintiffs carton are that 4/5th side panel are red throughout the length and breadth of the carton. On the length side of the penal the expression nova Ball Bearing Industries, Delhi-35" is written in white. The breadth side panel indicate the description size 1/4 and "12 Gross" respectively. The upper side panels. have blue and white squares with a red band in the centre bearing the trade mark nova Steel balls. There is also a red circle in one of the upper side panels in which the initials of the Plaintiffs firm SNB appear prominently. The carton of the Plaintiffs it marked Annexure a to the plaint. The plaintiffs got the copyright of their artistic carton registered in 1978.

( 2 ) THE case of the plaintiffs is that the. defendants are packing and marketing their products in cartons having same colour scheme, get-up, lay

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