1. This is an action for infringement and passing off. The petitioners are the manufacturer of electrical fans of various kinds. The petitioners in or about 1987 adopted the trade mark “TOOFAN”. The said trade mark “TOOFAN” is written in a stylish manner with a gap at the top of the two “o’s” in the word and the letter “F” written in capital in a rectangular box with the sides curved and the word “TOOFAN” forming only the distinctive and/or the prominent feature in the said mark taken as a whole. The said trade mark is represented as “IMAGE" and its stylized representations both have become distinctive of the goods of the petitioners and no one else. The word “TOOFAN” is printed on the products, packaging materials, brochures, warranty cards, bills and invoices of the petitioners. The said goods manufactured by the petitioners are distributed and/or sold extensively in various States including the State of West Bengal, Bihar, Orissa, Assam, Tamil Nadu, Andhra Pradesh, Uttar Pradesh, Madhya Pradesh, and Gujarat through an established network of dealers and distributors. The petitioners have claimed superior quality of the said goods and have disclosed its turnover since 19