JUDGMENT - BOBDE S.A., J.:---This Notice of Motion is taken out by the plaintiffs for an injunction restraining the defendants from passing of, in the course of trade, their goods as those of the plaintiffs by the use of the trade mark SIA. The plaintiffs grievance arises mainly because it uses the word SIA which is prominently displayed on its shop and also on its invoices. The plaintiffs trade in costume jewellery i.e. imitation jewellery which is sold under the trade name SIA, which is also the name given to their shop. The defendants sell dress materials and sarees in a shop bearing the name SIA. The plaintiffs claimed to have started using the name SIA from the year 1995 and the defendants adopted sometime in December, 2000. The photograph of the plaintiffs shop is at Exhibit "H" to the plaint and the photograph of the defendants shop is at Exhibit "K" to the plaint. In both shops the name SIA is prominently displayed.

2. The plaintiffs application for registration of the trade mark SIA is pending. Plaintiffs therefore only claim an injunction against passing off. The test of passing off has been stated by the Court in various judgments. The principle was succinctly stated in a

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