SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiff has filed a suit for perpetual injunction restraining piracy of trade mark, copyright, passing off and rendition of accounts in respect of the mark gujrat in relation to his products steel pipes, etc. The defendant is selling ms ERW pipes under the trade name gujarat.

( 2 ) THE plaintiff company claims to have been established in the year 1985 and started manufacturing steel pipes since 1988. The trade mark gujrat is stated to have been adopted in the year 1985 by the predecessor of the plaintiff and the plaintiff has been using it since 1988. The said trade mark is stated to have acquired secondary meaning and dtstinctiveness on account of its open, regular, continuous, extensive and exclusive use coupled with large scale publicity and advertisement. The plaintiff is stated to have filed an application for registration of the trade mark in respect of all kinds of steel tubes, pipes falling in class-06 on 06. 12. 1994 before the Registrar of Trade Marks, New Delhi. The total sales figures of the product have been given in Para 10 of the plaint as under:

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