( 1 ) THE petitioner had adopted the trade mark RAINY in respect of soaps and they are the proprietors of this trade mark. It is alleged that the defendant has dishonestly copied the trade mark of the plaintiff and have started applying to their soaps without any authority and to trade upon valuable goodwill of the plaintiff. The fact that the defendant firm is not the proprietor of the trade mark rainy and it is the plaintiff who is the first to use and adopt the trade mark and is the proprietor of the trade mark is clearly established from the fact that one Mr. Pradeep Kumar Arora son of one of the partners of defendant namely Mr. Ram Saran Arora was an employee of the plaintiff partnership firm when the trade mark RAINY was adopted. That particular person resigned from the job of the plaintiff and after leaving their employment joined his father in the business of defendant and thereafter defendant started using the said trade mark of the plaintiff rainy . These facts came out in response to court questions asked from the said individual which was recorded in the court when his aforesaid father was also present in the court. He admitted that he is the son of one of