SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiff has filed a suit for decree of permanent injunction in respect of trademark DAAWAT and for damages. The plaintiff is a limited company incorporated and registered under the Companies Act, 1956 engaged in the business of processing and selling of rice.

( 2 ) THE trademark DAAWAT is stated to be adopted by the predecessor-in-interest of the plaintiff but by virtue of an agreement dated 26. 03. 1999 the rights were taken by the plaintiff for valuable consideration. The business is stated to be carried out under the said trademark for the last 14 years and the sale is not only in India but even in abroad.

( 3 ) IN para 8 of the plaint the sales made for the period of financial years commencing from 1991-92 to 1998-99 have been given showing substantial sales running into crores of rupees. In the last financial year before filing of the suit a sum of Rs. 75 lakhs is stated to have been spent on advertisement alone.

( 4 ) DEFENDANT No. 1 is stated to be a distributor and selling agent of defendant No. 2 under the trademark davat carrying on the same business. The style of the writing of the word DAVAT is stated to have been copied from the artis

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