(1.) THIS is a plaintiffs motion for an injunction restraining the defendants from infringing the plaintiffs registered design of a marker pen or a highlighter sold by the plaintiffs under the trade mark "textliner". The plaintiffs also claim an injunction restraining the defendants from passing-off their highlighter or marker pen under the trade mark "textliner" by use of the impugned trade mark "textliner" and by adopting an almost identical configuration, shape, design colour scheme and get up for their product.
(2.) THE plaintiffs are proprietors of registered Design No. 1744290 dated 1-8-1997. This registration is under the Designs Act, 1911. It was issued on 12-1-1998. The certificate of registration contains a pictorial representation of the plaintiffs highlighter and states as follows :
(3.) THE unique features of the plaintiffs products are:
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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