( 1 ) THIS appeal has been filed under the Trade and Merchandise Marks Act, 1958 by Gopal Hossiery, a registered partnership firm. The petitioner started the business in 1936 as manufacturers and dealers of hosiery goods. The respondent No. 3, Om Prakash Mehaswari carries on business under the name and style of Joykali Hossiery as manufacturer of Banians at No. 17, Pagaia Patti, Calcutta. It is the petitioner's case that the word 'gopal' is a leading feature in petitioner's trade name and other principal trade marks and through considerable expenses and labour and by various modes of publicity, the business transaction by the petitioner for the last four decades have increased considerably. The Gopal Hossiery Products are sold by the petitioner throughout India and abroad and the total turnover of the petitioner's is 60 lakhs of rupees per year. Hence it is the petitioner's case that the good will and reputation attached to the word 'gopal' in hosiery trade is very valuable to the petitioner. The word Gopal has been registered under the Act bearing Registration Nos. 158, 690 and the word Gopal in combination with other words have also been registered in favour o