Judgment

SATYANARAYANA RAJU, J.:-

The Indian Hume Pipe Co., Ltd., is the appellant in all these appeals. The appeals are presented against common judgment of the Court of the District Judge, West Godavari at Eluru in O. S. Nos. 30, 53 and 54 of 1954 which were all instituted by the appellant herein as the plaintiff against various defendants. The suits were instituted claiming reliefs for an alleged infringement of the trade mark of the plaintiff in relation to cement concrete pipes manufactured and sold by the plaintiff and of the patent registered in relation to the said cement concrete pipes.

(2) The plaintiff s case in brief is that it is a long standing manufacturer and seller of cement concrete pipes under the trade mark and name "Hume Pipes" and "Humeogenous Pipes". The said pipes manufactured by it" acquired reputation in India and other countries. The Company had registered the said trade marks with the Registrar of Trade Marks under the Trade Marks Act of 1940 (Act V of 1940) as Nos. 1313 and 1317 on 24-6-1942. The registration was for a period of 7 years in the first instance and renewal thereof was obtained for a further period of 15 years.

The plaintiff-company is therefor