JUDGMENT

Pradeep Nandrajog, J.(Oral)

1. Heard learned counsel for the appellant.

2. A short issue arises for consideration: whether statutory authorities are governed by the principle of comity.

3. The principle of comity is well recognized in law, whereunder different statutory authorities and courts give due respect to the opinion rendered by each other. Only when the decision or an opinion of a Court or a statutory authority is contrary to law, public policy or morality are the grounds on which the principle of comity has to be ignored.

4. The appellant and the respondent are running a feud with respect to the claim of the appellant that the wrapper of the respondent in which it sells detergent is a slavish copy of the label of the appellant.

5. The appellant sells the detergent i.e. soap cake under the registered trademark `LIFEBUOY'. The wrapper is a mixture of white and red colours used, with the red colour taking a space of approximately 1/3rd of the size of the wrapper. The respondent is using a wrapper of same size, same colour, with same proportion of the segment of the colour red vis-a-vis white. The name used by the respondent is `LUCKYSOAP'.

6. In the oppos