( 1 ) THE plaintiffs, a partnership firm claiming themselves to be the prior user of trade mark gopal since about February 18,1979 in respect of the mathematical instruments, geometry boxes, etc. has filed this suit for passing off of their trade mark and infringement of copyrights by the defendants. The allegations made by the plaintiffs are that they have been manufacturing the geometry boxes under the trade mark gopal which has a distinctive and unique characteristic, artistic work and design. The alleged distinctive features of the Plaintiff s trade mark include printing of the geometry box in multicolours, having a lake in the background with the stream flowing at the left top corner below the trade mark gopal , while there are mountains appearing at the right top corner of the said box, below which is a tree. On the left sidep there are bushes and three lotus flowers in the lake. On the bottom right side of the box, the logo of the plaintiff, with the first word of the trading style of the plaintiff namely plasticians appears. In the centre a boy with longhair wearing a peacock feather in his hair appears feeding something to a cow with his right hand, whi