14023/2016 (u/O VI R-17 CPC of the plaintiffs for amendment of the plaint)

1. The plaintiffs have sued for permanent injunction restraining the defendants from (i) committing acts of piracy; (ii) manufacturing, selling or offering for sale infringing products listed in the Table II of the plaint having shape and configuration identical to or resembling the plaintiffs’ registered deigns applied to the Tupperware Products and being infringing copies of the Tupperware Products thereby infringing the plaintiffs’ copyright in the registered designs listed in Table I of the plaint as well as infringing the copyright in the artistic work owned by the plaintiffs listed in Table IV and for ancillary reliefs. The suit, as per the title thereof is “under Section 22 of the Designs Act, 2000 r/w Section 55 of the Copyright Act, 1957”.

2. However the plaintiffs, in para 10 of the plaint, while giving the cause of action for the suit, divided the paragraphs under the heads “A. Design Infringement”, “B. Copyright Infringement”, “C. Passing off of Trade Dress, Trade Names Etc., and “D. Unfair Competition and Unfair Trade Practices” and under the head “C. Passing off of Trade Dress and Trade Na