Santosh Duggal, J.

( 1 ) THE plaintiff, a partnership firm having its registered office at Ansari Road, Darya Ganj, New Delhi, claims to be engaged in the manufacture and sale, inter alia, of Chewing Tobacco (Zafrani Zarda) and established in this trade since the year 1979. They state to have adopted the trade mark "rajni", in respect of Zafrani Zarda in the year 1980, and having used the same extensively since then, in the course of trade, and as such to have acquired enviable reptation with the purchasing public so much so that the said trade mark has come to be exclusively identified as the goods of the plaintiff s manufacture.

( 2 ) THE assertion further is that the plaintiff has established large and extensive sales of their product, under the aforesaid trade mark, during the past years, having spent huge amounts on publicity, as per figures detailed in the plaint. It is contended that by virtue of prior adoption and extensive user, the plaintiff has acquired exclusive rights to this trade mark "rajni" and that the adoption and/or user of an identical and/or deceptively similar mark by anybody else in relation to Zafrani Zarda or any other cognate or allied goods is bound to c

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