( 1 ) THIS suit for perpetual injunction seeking restraint of the defendant from passing off medicinal preparations under the trade mark goodmans and for rendition of accounts has been brought with averments that the plaintiff firm is carrying on old and established business of manufacturing and selling medicines of all kinds for the last more than four decades, and has been using the trade mark goodmans as its house mark with regard to them, The same was incorporated at Sr. No. 4 of the declaration dated 6-7-1937 and registered with the Registrar of Assurances, Calcutta. A copyright registration entitled amodine Cough Syrup with regard to its artistic label was also registered and house mark goodmans appears in the same as well. In the circumstances the plaintiffs claim that they have acquired an exclusive right to use the distinctive trade mark goodmans . and the purchasing public has come to recognise and identify their medicines under that trade mark.

( 2 ) IT has next been averred that from July 1977, the plaintiffs came to know that the defendant has started using the same trade mark, and as such a notice dated 9-7-1977 was served on the defendant. The de