(1.) This is an appeal against order dated 7th December, 2017, made by the learned trial Judge injuncting the appellants (original defendants) from using the artistic label "Military Santra" produced at Exh. 3/104 alongwith the plaint for selling country liquor, till the disposal of Copy Right Suit No. 4/2011.
(2.) In support of this appeal, Mr. Chitnis, learned counsel for appellants, without giving up any of the grounds raised in the appeal memo, has stressed upon the following two submissions :-
(3.) Mr. Kane, learned counsel for respondent-plaintiff submits that the averments in paragraph no. 67 of the plaint have to be read in their entirety as well as in the context in which they came to be made. He submits that infact, the plaint is to be read in its entirety and the averments in paragraph no. 67 of the plaint may not be read in isolation. He submits that the appellants- defendants has nowhere asserted that they were openly using the label "Military Santra" since the year 2005 or prior to the same and that, such label has been duly published by them as contemplated under the provisions of Copy Right Act, 1957. He submits that affidavit filed in RCS No. 3/2004 by and on behalf of M/s Seven Star Distilleries does not suggest that there was any publication of the label "Military Santra". Mr. Kane submits that what is important is not merely the knowledge of infringing the label but the knowledge of infringement which was gained only in the third week of February 2011, when the appellants-defendants, despite of receipt of cease and desist notice, failed to comply with the same.