Ruma Pal, J.

1. THE appellant manufacturers ball point pens. According to the appellant it has adopted specific designs with specific names for certain models of pens. In this appeal we are concerned with the pen which the appellant sells under the name "FIGHTER". According to the appellant this particular model has a special design which consists of several corrugations just above the tapering portion of the pen. The tapering portion is elongated. According to the appellant it sells this particular model in three distinctive colours namely silver green, silver blue and silver marron with a glossy finish which is distinctive and identified with the petitioner because of the wide advertisements. The design has been registered as Design No. 170654 by the Controller of Patents and Designs under the Designs Act, 1911. As far as the name "FIGHTER" is concerned, it does not appear on the pen but on the plastic pouch in which the pen is sold. According in the appellant it has applied for registration of the word "FIGHTER" and also for the artistic work as the word is written under the Trade and Merchandise Act 1958. The applicant says that the "FIGHTER" pens have been sold from Fe