D.N. Patel, J.—The present Appeal from Order has been preferred against the order dated 05.11.2007 below Notice of Motion Exhs. 6 and 7 in Civil Suit No. 2175 of 2007 passed by the Judge, City Civil Court, Court No. 6, Ahmedabad, whereby the Notice of Motion filed by the present appellants (original plaintiffs) was rejected and therefore, the appellants (original plaintiffs) have preferred the present Appeal from Order.

Facts

2. Rangoli is a registered trademark of the petitioner (plaintiff), whereas the defendant is using predominantly word Rangili for sale of same product viz. Essence stick. The present appellants have instituted Civil Suit No. 2175 of 2007 for infringement of copyright, infringement of trade mark and for passing off and to restrain the present respondents (original defendants) from printing, publishing and using the label Rangili and/or any other label which is identical and/or deceptively similar to the plaintiffs’ Rangoli Agarbatti (Essence stick) label. Defendants are apparently using words ‘Sai Rangili’, but a word ‘Sai’ is having different colour and smaller size than eye-catching and predominant word ‘Rangili’. And size and colour of word ‘Rangili’ a