JUDGMENT :

Sanjib Banerjee, J.

(Prayer: Appeals under Section 13(1) of the Commercial Courts Act, 2015 read with Clause 15 of the Letters Patent against the common order dated 23.4.2021 made in O.A.Nos.533, 532, 535, 530, 534 and 531 of 2020 in C.S.No.285 of 2020.)

The six appeals arise out of a common interlocutory order in a rolled-up infringement and passing-off action. To boot, infringement of copyright has also been complained of in the suit.

2. Both the parties are engaged in the welding industry and the competing products are welding rods which are affixed to welding machines and mechanics use them upon placing the visor between their faces and the active welding rods. The marks in question can be described as BEST WELD and BEST ARC, but that would be a wholly inaccurate description of the marks since the words do not indicate the nature of the marks actually used or the perceived deception which is the foundation of the judgment and order impugned dated April 23, 2021. In respect of the BEST WELD and BEST ARC devices used by the rival parties, it is best to notice the plaint as the depiction of the packaging material used by the defendant at paragraph 17 when compared to the p