( 1 ) THIS oder disposes of I. A. S. 1032 and 1680 of 1972. The plaintiff has instituted a suit for permanent injunction restraining the defendant from infringing the plaintiff s registered trade mark and copyright and from pass- ing off his goods as those of the plaintiff. The plaintiff also claims rendition of accounts. The material facts as stated in the plaint are that the plaintiff is a manufacturer and seller of Dhoop and Agarbatti and is trading under the name and style of Mysorewala Suga. ndhit Dhoop Factory at Delhi. The plaintiff is manufacturing and selling dhoop under the trade mark SUDERSHAN which is in regular and continuous use since the year 1954. The plaintiff s trade mark SUDERSHAN is registered under the Trade and Merchandise Marks Act. 1958. The plaintiff also holds copyright registration relating to the artistic representation of its cartons pertaining to SUDERSHAN DHOOP BATTI. It is alleged that by virtue of the aforesaid registration as well as by long and established user and wide publicity the plaintiff has acquired right to the exclusive use of SUDERSHAN trade mark in relation to DHOOP BATTI so much so that the use of any such or similar trade