JUDGMENT :

1. The appellant is the defendant in O.S. (Copy Right) No.34 of 2019 on the file of the District Court, Ernakulam, a suit filed by the respondent herein, who is the proprietor of M/s.Niel Entertainment, a proprietary concern engaged in the business of conducting exhibitions, seeking a decree of declaration that he is the copyright owner of design 'Underwater Mobile Glass Tunnel Aquarium'. He has also sought for other consequential reliefs, including a decree for permanent injunction restraining the appellant or anyone claiming through him from manufacturing, selling, advertising, exhibiting and offering for sale 'Tunnel Aquarium' using the copyright in the 'Underwater Mobile Glass Tunnel Aquarium' design.

2. Going by the plaint averments, the plaintiff is engaged in the business of conducting various exhibitions at different locations. An 'Underwater Mobile Glass Tunnel Aquarium' with unique features ensuring safety, security and portability was conceptualised, designed, constructed and exhibited by the plaintiff at various places. Nobody has got a right to replicate the same for making unlawful gain. The plaintiff filed an application for registration of the design and th