Judgement

MITTER, J.:- This is an appeal by special leave from a judgment of the Mysore High Court confirming the dismissal of a suit for an injunction restraining the respondent from infringing the registered trade mark of the plaintiffs used on packets of biscuits.

2. The facts are as follows: The plaintiffs-appellants before us are manufacturers of biscuits and confectionary and are owners of certain registered trade marks. One of them is the word "Gluco" used on their half pound biscuit packets. Another registered trade mark of their is a wrapper with its colour scheme, general set up and entire collection of words registered under the Trade Marks Act, 1940 as No. 9184 of 7th December, 1942. This wrapper is used in connection with the sale of their biscuits known as "Parle s Gluco Biscuits" printed on the wrapper. The wrapper is of buff colour and depicts a farm yard with a girl in the center carrying a pail of water and cows and hens around her on the background of a farmyard house and trees. The plaintiffs claim that they have been selling their biscuits on an extensive scale for many years past under the said trade mark which acquired great reputation and goodwill among the me