( 1 ) M/s Pearl Appliances Pvt. Ltd. are seeking injunctionagainst M/s Jay Engineering Works Limited who are intending to use the trademark consisting of the words "pearl" for its products namely fans and components thereof. Plaintiff has based his claim mainly on the ground that he isprior user of this , registered trade mark and has earned reputation and goodwill because of his superior pro ducts.

( 2 ) THE plaintiff s case is that he is one of the leading manufacturersand traders of "electrical appliances". Plaintiff is the proprietor of trade markconsisting of the word "pearl" for its electrical goods. This trade mark wasoriginally registered in the name of Raman Electricals (P) Ltd. but subsequentlyby virtue of the Deed of Assignment plaintiff took over this trade mark. Plaintiff has been using this trade mark extensively and continuously. Plaintiffhas been issuing advertisement for its products under this trade mark as a resultof which they have earned a goodwill and reputation. Plaintiff s trade markis registered under class 7 in respect of washing machine which is also coveredunder class 11 and has been accepted for registration under class 9 for electricir