JUDGMENT

C.C. Ghose, J. - This is an application on behalf of the plaintiff Company for an injunction restraining the defendants, their servants and agents from advertising, offering for sale, selling or otherwise dealing in cigarettes contained in the packet or envelope of which annexure B to the plaint is a specimen, or in any packet, envelope or other receptacle which is a colourable imitation of the packet; or envelope owned and used by the plaintiff Company of which annexure A to the plaint is a specimen and from using the name Padri in connection with cigarettes sold by the defendants. The facts are as follows: The plaintiff Company state that they have manufactured and sold since 1910 a brand of cigarettes called Pedro cigarettes, which is put up for sale and sold in packets or envelopes of a special and distinctive design, colour and get-up. They also state that they are entitled to the exclusive right of user of the said name Pedro in connection with the cigarettes in question. They state further that the said cigarettes have acquired considerable popularity and a good reputation in India and Burma and are known and recognised by purchasers in such market by the said packet