Judgment

S.B. Sinha, J.—Extent of jurisdiction of a civil court to determine a lis as regard infringement of the provision of the Copyright Act, 1957 (for short “the 1957 Act”) and the Trade and Merchandise Marks Act, 1958 (for short “the 1958 Act”) is in question in these appeals.

We would notice the fact of the matters separately.

Civil Appeal No. 6248 of 1997:

2. The Appellant herein filed a suit against the Respondent to protect his copyright, trade marks and common law rights as regard his art work/label/trade mark and wrapper contained in Annexure A to the memo of appeal which the Respondent had allegedly infringed by using the impugned trade mark/art work/label/wrapper contained in Annexure B thereto.

3. According to the Appellant, the said art work/label/trade mark/wrapper infringes the Appellant’s trade mark registration ‘Dhodha House’ under Registration No. 277714-B in class 30 under the 1958 Act, as also copyright registered under the 1957 Act being registration No. A-5117 and A-5330 of 1970. The Appellant also claims it to be a prior user of the said trade mark and name and enjoys goodwill as well as reputation in respect thereof since 1960.

4. It is not in dispute that the A