SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiff s grievance of violation of its copyright in the artistic works applied to upholstery fabrics and the allegation of an attempt to pass off the goods of the defendants as that of the plaintiff has given rise to the present litigation.

( 2 ) THE plaintiff is a company incorporated under the laws of the USA and is stated to be engaged worldwide in the business relating to manufacturing, marketing, selling and exporting of upholstery fabrics directly or through its subsidiaries and affiliates. The brand name of the plaintiff is stated to be microfibres. The business of the plaintiff is stated to have commenced in the year 1926 and the plaint states that on the upholstery fabrics are printed, unique and original artistic works which are conceptualized and drawn/printed by either its employees or other persons who have assigned the copyright in the works to the plaintiff. More than 1000 people are stated to be employed by the plaintiff and a global annual turnover is stated to be more than $ 200 million. The plaintiff s product under the brand name Microfibres is stated to be sold in more than hundred countries including India and has wide prese

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