( 1 ) THEY admit that they are borthers but love has been lost so much between them that no suggestion to patch the disputes has found favour.

( 2 ) PLAINTIFF (Auto Pex Motor Co.) is a partnership firm consisting of two partners Ramesh Chand Sethi and Kapil Sethi. It is engaged in the business of manufacturing and marketing of gaskets (auto goods ). It is the sole proprietor of trade mark "master Label" in relation to gaskets. During the course of business the plaintiff also started using the trade mark Super Master and Gold Master. The predecessors of the plaintiff had adopted trade mark "master" in relation to gaskets in the year 1970 and continuously used the same upto 24/3/1994. The trade mark was assigned to the plaintiff vide deed of assignment of 24/8/1994. The plaintiff has continuously been using the said trade mark. M/s Auto Pex Sales India was the predecessor of the plaintiff.

( 3 ) THE plaintiff in order to acquire statutory rights for the trade mark Master obtained registration and filed application for its registration. The trade mark was initially registered in the name of Auto Pex Sales. After it was assigned to the plaintiff it filed an application fo