Judgment

SHELAT, ACTING C. J.:- This appeal, by special leave, is directed against the judgment and order of the High Court of Patna whereby the High Court set aside the order of acquittal passed by the Additional Sessions Judge and restored the order of conviction and sentence passed by the Trial Magistrate under Ss. 482 and 486 of the Penal Code.

2. One Sheojanan Prasad (who died during the pendency of his appeal before the High Court) was at all material times the proprietor of a provisions store in Arrah, He claimed to have evolved a formula for manufacturing a scent to which he gave the name of Basant Bahar . The scent, when put into market, soon became popular and in the course of time gathered custom. The scent used to be packed in cartons and other receptacles which carried on them the picture of a Pari (an angel) holding a bunch of flowers in her hands and an inscription "Basant Bahar Scent Khushbuon Ka Badshah . The cartons and receptacles were of green colour and had on them in print the name of the manufacturer, namely, Basant Bahar Perfumery Co. Shahabad . Sheojanam Prasad thereafter applied before the Registrar of Trade Marks for registration of the trade mark. The