JUDGMENT : A.K. Sikri, J. This is a suit for permanent injunction, infringement of copyright, passing off, damages and rendition of accounts etc. against the defendant. Plaintiff is the manufacturer of pencils and other items of stationery and is carrying on business since the year 1957. The plaintiff in the year 1961 adopted the trade mark NATARAJ with the device of NATARAJ in respect of pencils and since then they have been using the trade mark NATARAJ with the device of NATARAJ in a particular designed label having red background and the word NATARAJ written in a particular characteristic style. 2. The plaintiff is the registered proprietor of the following trade marks: (a) Trace Mark NATARAJ with the device of NATARAJ under No. 225923 as of 14.12.1964 claiming user since 22.7.1961 in respect of writing pencils. (b) Trade Mark NATARAJ with the device of NATARAJ under No. 260466 dated 6.11.69 claiming user since 22.7.1961 in respect of pencils refills for propelling pens, and pencils, sharpeners, pens, fountain pens, erasers and pins, clips and staples included in class-16. (c) Trade Mark NATARAJ Black lead label along with the device of Nataraj registered under No. 352478 as of 17th August, 1979 in respect of Black lead pencils included in class-16. All the above Trade Marks are old trade marks and their registration is valid and subsisting on the Registry of Trade Marks. Copies of the Registration Certificates are submitted herewith as Annexure B. 3. The plaintiffs are also the registered proprietor of the copyright under No. A-25427/79 in respect of carton of NATARAJ black lead pencils along with the various other registrations under the Copyright Act, 1957. Copies of some relevant Copyright Certificates are submitted as Annexure C. 4. The case set up by the plaintiff is that its sale of stationery good under the trade mark NATARAJ with the device of NATARAJ inclusive of NATARAJ pencil sharpeners with its distinctive colour scheme and get up is substantial and their goods are sold in every nook and corner of India. Along with the plaint statement is filed as Annexure D giving sales figure and Annexure E giving details of the amount spend on sale promotion as well as advertisement through various media of advertisement. Along with the plaint statement is filed as Annexure D giving sales figure and Annexure E giving details of the amount spend on sale promotion as well as advertisement through various media of advertisement. The goods are sold by the plaintiff in a carton and the said carton is filed as Annexure F. This carton is designed by using a combination of red and black colour and contained the following essential and distinctive features: "the main front side of the carton has on the top the word NATARAJ written in a characteristic style in red colour with the matter written over with white and black ink. The background of the carton is in red colour with thin black stripes drawn predominantly over the Front and Back portion of the Carton. On the main front side of the carton on the left corner device of NATARAJ is depicted and on the right corner word NATARAJ is written in a characteristic style in White with Black outline, below which words BONDED LEAD-HB are written. 5. The side panels of the said carton are in black colour with the words written with white colour one side and detail of the price of the product and name and address of the manufacturer along with a logo of a reading child on the other side. The said logo is also registered as a Trade mark and Copyright. The said colour scheme, get-up and lay out has been protected by the Court in various cases decided in favour of the plaintiff. 6. The grievance of the plaintiff is that the defendant has copied the getup and colour combination of the plaintiffs cartons. Although defendants are selling the scented sticks (agarbatti). the defendant has adopted mark NATARAJ and is using the identical carton as that of the plaintiff. The case of the plaintiff is that defendant has slavishly copied the plaintiffs carton and the consumers would be having an impression that the goods of the defendant are that of the plaintiff because of the aforesaid similarities. It is thus, contention of the plaintiff that the defendant is trying to ride on the goodwill of the plaintiff in marketing their product under the trade name NATARAJ with the same device of NATARAJ and the same carton with identical colour combination. It is thus, contention of the plaintiff that the defendant is trying to ride on the goodwill of the plaintiff in marketing their product under the trade name NATARAJ with the same device of NATARAJ and the same carton with identical colour combination. Along with the plaint, plaintiff had also filed IA 11997/02 under Order 39 Rules 1 & 2 and ex-parte ad-interim injunction dated 20th December, 2002 was granted retraining the defendants from manufacturing, selling/offering for sale scented sticks (agarbatti) under the trade name of NATARAJ and device of NATARAJ on the packing material/cartons. The said injunction was confirmed vide order dated 5.12.2005. Defendant could not be served through ordinary process and the defendant was directed to be served through publication in 'Hindustan Times', Patna Edition. Said notice was duly published on 6th August, 2005 for 18th November, 2005. However, nobody appeared on behalf of the defendant and vide order dated 5.12.2005, defendants were proceeded ex-parte. Plaintiff was permitted to lead evidence by means of affidavit. Affidavit of Mr. Manoj Dabke. constituted Attorney of the plaintiff has been filed. He has proved authority of Mr. P.N. Thanawala to sign and verify the plaint as well as institute the present proceedings by filing the Power of Attorney as Ex. P 1/1. He has also affirmed the averments made therein on oath. Certificate of registration by the trademark registry is filed as Ex. P 1/2. Registration under copyright is filed as Ex. P 1/3. Carton (Annexure F) is proved as Ex. P-2. The infringing carton of the defendant which is slavish copy of the plaintiffs product is proved as Ex. P-3. Legal notice served upon the defendants is marked as Ex. P-4. 7. From the aforesaid un-rebutted testimony and after comparing the two cartons, I am of the view that the defendants have designed their packing material by placing the packing material of the plaintiff for which the plaintiff is claiming his proprietary right in addition to copy right. All the features of both the cartons are identical and even colour of side panes of the cartons are of same colour i.e., black. By using trademark NATARAJ it is the registered trademark of the plaintiff, defendant have infringed the plaintiff's trademark as well as copyright in the said product. All the features of both the cartons are identical and even colour of side panes of the cartons are of same colour i.e., black. By using trademark NATARAJ it is the registered trademark of the plaintiff, defendant have infringed the plaintiff's trademark as well as copyright in the said product. It is clear that the intention is to make illegal use of the goodwill enjoyed by the plaintiff in respect of its product. This act of the defendant is dishonest and mala fide. Plaintiff is therefore, entitled to the injunction prayed for. The decree of permanent injunction is accordingly passed restraining the defendants, their agents, servants, dealers, stockiest, shopkeepers from manufacturing, offering for sale directly or indirectly dealing in Scented Sticks (Agarbatti) under the trade mark NATARAJ and/or from using the packing material/cartons (Ex. P3) which is similar as well as substantial re-production and colourable imitation of the plaintiffs packing material/carton (Ex. P2). 8. The plaintiff has given up prayers of damages and the rendition of accounts. However, plaintiff shall be entitled to cost. 9. Decree be drawn accordingly.