The main legal point established is the protection of prior adoption, copyright ownership, and extensive use of a trademark, emphasizing the deceptive similarity and actionable wrong of passing off.

( 1 ) THE plaintiff is engaged in the manufacture and sale of Fleaseed Husk i. e Sat-Isabgol for the last nearly four decades. Way back in the year 1948 it adopted an original artistic carton in respect of Fleaseed Husk.

( 2 ) THE distinctive features of the carton comprise of a unique colour combination of white, parrot-green and blue. The main face of the carton has got a background of parrot-green colour upon which the expression "sat-ISABGOL" appears in distinctive, particular and semi-circular manner in white colour with blue ghost image contiguous thereto. Beneath the expression SAT-ISABGOL, the words FLEASEED HUSK appear in bold blue letters alongwith an exclamation mark, followed by white oval device with blue border wherein the device of telephone appears super-imposed upon the device of a factory with smoking chimneys on the background in blue colour. The name of the plaintiff appears on a rectangular white panel thereunder. The lower portion of the carton has got a criss-cross pattern in blue colour. The said features have been reproduced on the other side of the carton except that the expression "registered Sat-Isabgol" and the name of the plaintiff appears in Devnagri script. The side panels of the carton have got white background with the expression "the Sidhpur Sat-Isabgol Factory" represented in small green lettering running all around, and the descriptive matters super-imposed thereon in english and Devnagri Script in blue colour. The opening flap has got marking in blue colour for the purpose of guiding the manner of opening the flap/carton. The aforesaid carton as a trademark has been used so extensively in the course of the business that the purchasing public and the trade have come about to identify and recognise the said carton/mark exclusively with the goods and business of the plaintiff and none else.

( 3 ) ACCORDING to the plaintiff it has acquired exclusive rights to use the said carton/mark by way of priority in adoption, long, continuous and extensive user and, therefore, any imitation or deceptive similarity by someone else is bound to cause confusion amounting to passing off.

( 4 ) THE plaintiff also holds registration under the trade and Merchandise Marks Act, 1958 under No. 159047 as of 1. 6. 1953; 197082 as of 25. 7. 1960 and 275126 as of 21. 9. 1971. Thus registrations are valid, subsisting and are in full legal force. Though the constitution of the plaintiff firm has been changing from time to time. lastly it was changed on 2/5/1985.

( 5 ) SOME time in the year 1974 the plaintiff also adopted another original artistic pouch in respect of goods of its manufacture and sale, specimen of which is mark A-1. Thus it is also owner of the copyright of the said pouch and has got an exclusive right to the reproduction thereof in any material from including its colour combination, get-up, lay-out and arrangement.

( 6 ) THE grouse of the plaintiff is that the defendant has adopted an identical and/or deceptively similar carton/mark/pouches in respect of the goods of its manufacture and sale by way of substantially reproducing all the distinctive features of the plaintiff s carton/mark in order to earn profits in illegal manner by passing off its goods and business as the goods and business of the plaintiff. The infringing carton also comprises of a colour combination. of white, parrot-green and blue. The main face of the carton has got a background of parrot-green colour upon which the expression "sat-Isabgol" appears in an identical semi-circular matter in white colour with blue ghost image contiguous thereto. Beneath the expression Sat-Isabgol, words "fleaseed HUSK" appear in bold blue letters along with an exclamation mark followed by white oval device with blue border wherein device of Ganesh appears superimposed above the device of a factory with smoking chimneys in the background in blue colour. The name of the defendant appears on a rectangular white panel. The lower portion of the ca