J.P. Mukcrji, J.

A word mark, a label mark and copyright relating to them are involved in this application. The word is "Emami". I will come to the details later.

2. This suit was filed in the year 2001. Thereafter an application for injunction was filed by the plaintiff. An injunction was sought to restrain the defendants from infringing the plaintiffs label mark "Emami", This is tha1 injunction application (G.A. 4273 of 2001) being presently heard by me.

3. It has a long history. Upon completion of affidavits it was heard a1 length before Indira Banerjee J. She delivered a judgment on 29th August 2005. The Court came to the prima facie conclusion that the plaintiffs had no1 been able to establish a prima facie case. It was observed that the defendants were using the alphabets TIK along with "Emami". Emami was also written in hindi. Furthermore, the plaintiff had not been able to make out a prima facie case regarding damage to its goodwill or "tarnishing of its image and repute". They had made considerable delay in approaching the Court. Her Ladyship also went to the extent of saying that the plaintiff could not establish "any great reputation". The sales figures "are hardly