YOGESHWAR DAYAL, J.

( 1 ) THIS is an application on behalf of the plaintiff for restraining the defendant-respondents, its servants, agents and representatives from manufacturing, selling, offering for sale or otherwise dealing in white zinc paint under the containers bearing the numeral 9001, having the get-up-layout, arrangement and the colour combination violet, grey and white as those of the applicant s containers bearing numeral 1001 and from passing off goods as those of the applicant in any manner.

( 2 ) "the application has been filed in a suit for permanent injunction on the basis of infringement of copyright, as well as passing off.

( 3 ) THE case of the plaintiff-applicant is that the plaintiff is one of the leading manufacturers and seller of superior white zinc paint well-known and highly demanded under trade mark 1001. The salient features of the plaintiff s trade mark are the numeral 1001 I appearing in bold type in grey lettering on a white circle along with the expression superior White on top and zinc PAINT on the bottom in the circle. The white circle with its grey lettering is superimposed on violet background with white parallelogram shapes on Top and base

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