( 1 ) THE plaintiff in this passing off action has sought, pending the judgment which will one day (God help us) be delivered, an injunction restraining the defendants from manufacturing/processing, selling or offering for sale phenyle under the trade mark- "doctor s Phenyle" label or any other trade mark identical with or deceptively similar to the plaintiffs trade mark "doctor BRAND"

( 2 ) THE facts need not detain us for long. On December 19, 1963 the plaintiff, a firm based in Uttar Pradesh, adopted the trade mark DOCTOR BRAND with device of Bust portrait of one of the partners in relation to phenyle and since then has been carrying on extensive business throughout the country. On the other hand the defendant is a Calcutta based firm and it too has been openly selling phenyle since 1983 under its mark "doctor s" with large sales in Eastern and Southern India and in the State of Uttar Pradesh. Both the contending parties have been advertising their goods and their sales have been progressing with the passage of each year. The plaintiff claims that when in the second week of June, 1990 it came to know that the defendant was selling its goods under the trade mark D