( 1 ) THIS suit for permanent injunction, damages and delivering up, etc. has been instituted by the plaintiff Company alleging that the plaintiff Company is organized and existing under the laws of State of delaware, USA and is having its registered officer at New York. It is a subsidiary of Time Warner Incorporation, which is a leading Magazine publisher in world. Its publications include the News Magazine time as well as time asia . These magazines have acquired worldwide trade reputation and goodwill and are known for fair reporting, good writing and authoritative and unbiased analysis of events and issues. The plaintiff Company is the registered proprietor of the trade mark TIME in about 150 countries and its front page design with distinctive red border is recognized all over world. In para 7 of the plaint, details of its annual average paid circulation have been given. To cater to the specific needs and requirements of a world fragmented into continents and regions, the plaintiff has launched various international editions including time ASIA which was introduced in July, 1946 for the residents of asia. The details of the average paid circulation of TI