( 1 ) THE Plaintiff is a partnership firm consisting of two partners viz. Shri Pradeep Kumar Rastogi and Shri Pramod Kumar Rastogi trading jointly as M/s. Hind Cutlery House at Amroha Gate, Moradabad (U. P.):

( 2 ) SINCE the year 1979, the plaintiff s firm has been carrying on the business of manufacturing and marketing of "cutlery GOODS", using the trade mark "v. I. P" for their aforesaid products.

( 3 ) THE said trade mark "v. I. P" is duly registered under No. 398540 in Class 8 dated 7. 12. 1982, which was renewed in 1989 and the same is stated to be valid and subsisting as on date.

( 4 ) THE certificate issued by Trade Mark Registry is exhibited as Exhibit D.

( 5 ) THE plaintiff has been using cartons for the marketing of their products since the year 1979. The salient features of the Plaintiff s said carton are as under :

"the carton is artistic and mainly has a silver colour base. In the centre of the same, "v. I. P" "classic" is printed. Words "stainless Steel Table Cutlery" are printed in golden colour on a thin black strip below the word "classic". The right side portion of the box has combination of colours (Cream, Dark Yellow, red and Black) in an artistic manne