( 1 ) FEVICOL in respect of Synthetic Resin Adhesives, is the trade mark of the plaintiff. "trevicol is the trade mark under which defendant is marketing the same goods. The plaintiff by I. A. 4226/87 seeks a temporary injunction restraining the defendant from use of the trade mark trevicol and from using a get up identical or deceptively similar to that used by the plaintiff on containers used for selling adhesives.

( 2 ) THE plaintiff claims to be the largest manufacturer of Synthetic Resin Adhesive in the country with annual sales of above Rs. 25 crores. The average amount spent on advertisement is claimed to be to the tune of more than Rs. 25 lakhs annually. The case of the plaintiff, as set up in the plaint, is that its trade mark fevicol is registered under the Trade and Merchandise Marks Act since 2nd March, 1960 and has been continuously renewed and is valid and subsisting. The plaintiff has been marketing adhesives manufactured by it in plastic and tin containers with highly specific eye catching designs and colours. The plastic containers of the plaintiff have particular shape and comes in two colours white and blue and both have an identical pat