The suit has been filed by the plaintiff, for granting a permanent injunction restraining the defendants either by themselves, their servant or agents or any one claiming through or under them from committing an infringement of the plaintiff's Copy right in the artistic work 'ZINCOVIT' label by the use of the infringing BICAL label or any other label work or representation the use of which would be an infringement of the plaintiff's artistic work 'ZINCOVIT' Label; granting a permanent injunction restraining the defendant, either by themselves, their servant or agent or any one claiming through or under them from passing off or enabling others to pass off their goods as or for the well known and reputed goods of the plaintiff by using the BICAL Label for Pharmaceutical and/or Medicinal preparations or like goods or any other Label work or representation which is in any manner deceptively or confusingly similar to the plaintiff's well known and reputed 'ZINCOVIT' Label; directing the defendant to render a true account and to pay to the plaintiff a sum equivalent to the profits earned by the defendant through the sale of the said offending goods in the alternative to pay to the plaintiff such sum as this Court may determine by way of damages for the passing off committed by the defendant; directing the defendant to surrender to the plaintiff for destruction all product cartons and labels, literature, promotional material etc., bearing the said offending mark, together with all implements used by the defendant for imprinting the said offending work; directing the defendant to pay to the plaintiff the costs of the suit and for any other such order.

2. Besides prior user there are three points on which the defendant resisted the suit and they are as follows:

(a) Defendant has deprive to show that the label is not subject matter of the copy right registration at all.

(b) Defendant has attempted to show and there is nothing originally in the artistic work.

(c) Defendant has made a faint attempt regarding territorial jurisdiction of this Court.

3. On the rival pleadings extracted above, the following issues were framed by this Court:

(1) Whether the plaintiff has got copyright under the name and style of ZINCOVIT ?

(2) Whether the plaintiff is entitled to permanent injunction restraining the defendant, their men and agent from using the name ZINCOVIT label ?

(3) Whether the plaintiff is entitled to permanent injunction restraining the defendant from passing off or enabling others to pass off their goods violating the alleged copyright ?

(4) Whether the plaintiff is entitled to rendition of accounts from the defendant as prayed for ?

(5) Whether the plaintiff is entitled to get damages from the defendant for violating any copyright ?

(6) Whether the defendant has to surrender all product cartons and labels, literature, promotional material etc., bearing the alleged trademark for destruction ?

(7) To what other reliefs the parties are entitled ?

Suit was set down for trial and parties went for trial on the above issues. The plaintiff let in oral evidence through one witness P.W.1 and marked seven exhibits i.e., Exs.P1 to P7. P.W.1 was cross examined in full by the defendant. Thereafter, there was no representation for the defendant. Defendant did not let in any oral or documentary evidence until today. There is no representation or appearance of the defendants. However, this Court is of the view that the available material warrants a judgment on merits.

4. As is evident from the original averments and issues extracted supra, this suit is one complaining of infringement of Copy Right. The plaintiff is a Pharmaceutical Company, complaint of infringement of Copy Right is with regard to the artistic work in the label for 'ZINCOVIT', Vitamin Syrup and drops. The label in which it is packed and the outer cover which has an artistic work is the subject matter of the suit. Ex.P4 is the plaintiff's label and Ex.P5 is the defendant's label. Ex.P3 is t