JUDGMENT

Dalveer Bhandari, J. —

1. These appeals are directed against the judgment delivered by a Division Bench of High Court of Andhra Pradesh in Letter Patent Appeal Nos. 12 and 13 of 2001 on 15.06.2001.

2. Brief facts which have been given by the appellant are recapitulated as under.

3. The appellant is the sole proprietor of a firm carrying on business inter alia as manufacturers of and dealers in incense sticks (agarbathis) in the name and style of Ashika Incense Incorporated at Bangalore.

4. The appellant started his business in the year 1988 and adopted the mark ‘Ashika’s Eenadu’. According to the appellant the word ‘Eenadu’ in Kannada language means ‘this land’. In Malayalam and Tamil language it conveys the same meaning. In Telugu language it means ‘today’.

5. In consonance with the above meaning the appellant devised an artistic label comprising a rectangular carton in bottle green background with sky-blue border and in the centre, in an oval tricolour, the word ‘Eenadu’ is written.

6. According to the appellant, in the year 1993 he honestly and bona fidely adopted the trade mark ‘Eenadu’ meaning ‘this land’ in Kannada. In the said label the other expressions used are ‘