( 1 ) PLAINTIFF has filed this suit for infringement of trademark "a. B. C. (label)" and passing off action in respect of copyright in the label of the trade mark besides rendition of accounts etc. against the defendant. Defendant is doing business at Rewari (Haryana ).

( 2 ) IT is alleged that the plaintiff is doing the business of manufacturing "match BOXES" for the last five years under the trademark "a. B. C. (label) and selling the same in the match boxes with the label/carton/wrapper in distinctive and artistic design and has acquired copyright. The trade mark is also registered in its name with the Registrar, Trade Marks.

( 3 ) IT is alleged that the defendant has recently started manufacturing and marketing the "match BOXES" adopting identical and deceptively similar trademark "a. D. C. (label)" and similar label thereby infringing the plaintiff s trademark and copyright and passing off inferior goods thereby causing confusion and deception among the public and loss to the plaintiff.

( 4 ) I have heard the learned Counsel for the plaintiff, inter alia, on the question whether plaint discloses the cause of action against the defendant. Learned Counsel could not exp