( 1 ) IN this case the plaintiffs and the defendants carry on manufacture and sale of steel balls. The plaintiffs are trading under the trade mark nova and the defendants under the trade mark 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 panel the expression nova Ball bearing Industries, Delhi 35" is written in white. The breadth side panel indicate the description size 1/4 and "gross" respectively. The upper side panels have blue and white squares with a red band in the centre bearing the trademark nova steel balls. There is slso 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 is 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 defendadts are packing and marketing their products in cartons having same colour scheme, get-up, lay out and arrangement as that of