JUDGMENT

R. DASH, J. - This appeal is in challenge of the order dated 18.5.2013 passed in I. A. No. 250 of 2012 by the learned District Judge, Cuttack, refusing to grant interim injunction restraining the defendant-respondents from using the labels and wrappers mentioned in Schedule 'B' of the interim application to pass off its business and products as those of the plaintiff-appellants.

2. The appellants as plaintiffs in the suit before the learned District Judge have claimed that plaintiff No.1 is a private Limited Company manufacturing 'Bidis' in the trade name 'New Orissa Bidis' and selling the products under the said Trade name since 1945. The plaintiffs got the trade name registered under the Trade and Merchandise Marks Act 1958 which has now expired but the plaintiffs have filed a fresh application before the competent authority to get the Trade Mark registered in their name. They have also got registered the colour combination, get-up, design and the general layout of the labels and wrappers which are used for the purpose of package of the product under the Indian Copyright Act, 1957. It is claimed that due to good quality of the product, it had acquired a distinct reputation