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Notice for the date fixed.

In the meantime, ad interim injunction as prayed in the para 28 of the injunction application be issued."

5. In the plaint, it has been averred that the plaintiff is one of the leading manufacturers of pharmaceuticals, toiletries and medicinal preparations. It is stated that one of the plaintiff‟s most popular brand is HAJMOLA with regard to digestive tablets, candies, granulated form etc.

6. It is stated that in September, 2003, the plaintiff launched a variant of the HAJMOLA tablets in pomegranate flavour under the mark HAJMOLA Anardana which is sold in a distinct container, design and packaging. It is contended that on account of continuous commercial use, the plaintiff‟s container, design and packaging have acquired tremendous goodwill and reputation.

7. It is submitted that the plaintiff‟s depiction of a pomegranate, its distinct colour combination and stylized lettering of HAJMOLA Anardana used on its container provides a distinct get up and layout which constitutes an "original artistic work" within the meaning of Section 2(c) of the Copyright Act, 1957 and the plaintiff is entitled to copyright protection under Section 14 of the Copyright Act, 1957.

8. It is stated that the plaintiff‟s goods bearing the trade mark HAJMOLA Anardana is marketed in a novel, original and artistically designed container for which the plaintiff possesses a Design Registration No. 193010 dated 26th August, 2003.

15. Learned counsel for the plaintiff states the plaintiff is the owner of the copyright in the caricature of the pomegranate fruit depicted on its container as well as the colour combination and overall arrangement of features on the label of the HAJMOLA Anardana container as it is an original artistic work created at the instance of the plaintiff for consideration paid to an agency named M/s. Lintas Indian Pvt. Ltd. In support of his contention PW-1 has proved photograph of the plaintiff‟s HAJMOLA Anardana product bearing the original caricature and label dated 08th November, 2004 as Ex.P-2, the Certified copy of the Deed of Assignment dated 14th June, 2003 issued by M/s Lintas India Pvt. Ltd. assigning the copyright in favour of the plaintiff as Ex.P-5 and the Certified copy of the No Objection Certificate from the artist at M/s Lintas India Pvt. Ltd. in favour of the plaintiff dated 08th November, 2004 as Ex.P-6.

22. Learned counsel for the plaintiff states the plaintiff‟s HAJMOLA Anardana label/packaging trade dress has acquired tremendous goodwill and reputation and is exclusively associated with the plaintiff which is evident from the plaintiff‟s sales figures for the period September, 2003 to August, 2004 which was INR 866 lakhs and the plaintiff‟s promotional expense for the period of March 2004, to August, 2004 which was INR 108.69 lakhs. PW-1 has also proved certified copies of the sales invoices of HAJMOLA Anardana for the period October, 2003 to January, 2004 as Ex.P-8, certified copy of the HAJMOLA Anardana advertisements published in Amar Ujala as Ex/PW-9, copy of the storyboard featuring the plaintiff‟s HAJMOLA Anardana in the advertisement telecast on TV in the year 2003 as Ex.P- 10, certified copies of the invoices issued by the advertising agencies/various television channels for the period December, 2003 to January, 2004 as Ex.P-11, copy of the ex-parte injunction order dated 25th April, 2004 passed in CS(OS) no. 858/2004 in favour of the plaintiff in respect of HAJMOLA Anardana as Ex.P-12 and copy of the Order and Decree dated 19th July, 2005 passed in CS(OS) 858/2004 as Ex.P-13.