JUDGMENT

Firdosh P. Pooniwalla, J. - The Plaintiff was incorporated in 1969 and has been carrying on business in the field of construction bonding chemicals/ materials, additives products including sealants, adhesives, automotive chemicals, art materials, industrial and textile resins and organic pigments and preparations and other products including waterproofing chemicals, construction and paint chemicals.

2. The Plaintiff offers a vide range of sealants and adhesives under its PV SEAL brand which are in the nature of a pipe glue and a chemical compound/adhesive used for joining/fusing various kinds of plastic pipes. The Plaintiff uses distinctive labels upon and in relation to its M-SEAL PV SEAL products.

3. Since 2015, the Plaintiff's M-SEAL PV SEAL products bearing distinctive PV SEAL labels are sold openly extensively, continuously and in an uninterrupted manner in a distinctive tin container having unique and distinctive shape, size, contours and configurations.

4. In or about 2018, the Plaintiff transitioned from tin containers to Coex plastic containers for its aforementioned solvent cement products being sold under mark M-SEAL PV SEAL. The Plaintiff was the first in the indus