The central legal point established is the entitlement to protection of proprietary rights and the trade mark under the Indian Copyright Act, 1957 and the Trade Marks Act, 1999.

GITA MITTAL, J.

( 1 ) THE present suit has been filed by the plaintiff alleging violation of its proprietary rights in the trade mark and trade name Kamdhenu by the defendant by dishonest intention and infringement of this registered mark. The suit has been filed by M/s Kamdhenu Ispat Ltd. , a company registered under the companies Act, 1956 through Shri Arvind Gupta, its company secretary who is stated to be its authorised official by resolution of the Board of Directors. The plaintiff has clarified that it is using the trade mark and trade name kamdhenu since the year 1991. The plaintiff has asserted to be enjoying an established reputation in the market in relation to its goods by this trade mark and trade name in respect of which it has conducted extensive promotional activities as well. The plaintiff has alleged in the plaint that its application for registration of trade mark Kamdhenu was pending in certain categories. The plaintiff has contended that it also employs a unique lettering style and colour combination in respect of the trade mark which is its original artistic work within the meaning of the Indian Copyright Act, 1957 and as such, the plaintiff is the owner and proprietor of the same as well.

( 2 ) THE suit has been necessitated as the plaintiff came to know of activities of the defendants through the industrial directory "thomas Register of Indian Manufacturers, 2004" wherein the factum of the defendant"s engagement in manufacturing and marketing of steel and stainless steel fastners under the trade mark and trade name Kamdhenu Industrial Service became known to it. It has been submitted that the goods of the defendant are the same or in any case are cognate goods as those of the plaintiff and its trade mark and trade name was identical to that of the plaintiff. Even the get up, make up and artistic manner of the trade mark as adopted by the defendant was a colourable imitation and deceptively similar to that of the plaintiff, establishing the deliberate act of dishonest imitation on the part of the defendant.

( 3 ) IN these circumstances, bearing in mind the resemblance between the trade mark and trade name of the plaintiff and the defendant, the present suit has been filed seeking the following reliefs:-

" (i) For decree for permanent injunction restraining the defendants by themselves and through their directors, partners, servants, agents, assigns, successors, representatives, distributors and all other acting for and on behalf from manufacturing, marketing, selling offering for sale, advertising or displaying directly or indirectly or using or dealing in any mode or manner in steel and Stainless Steel fasteners or goods of same/similar/allied/cognate descriptions and nature under the impugned Trade Mark/trade Name kamdhenu/kamdhenu INDUSTRIAL SERVICE or any other Trade Mark/trade Name identical with or deceptively similar thereto in relation to impugned goods and goods of same/similar/allied/cognate description or from doing any other acts or deeds amounting to or resulting in:- (a) Infringement of the plaintiffs registered trade mark KAMDHENU. (b) Passing off and violation of the Plaintiff's common law rights in their trade mark KAMDHENU (ANNEXURE P-1) (c) Passing off and violating the Plaintiff's common law rights in their trade name M/s Kamdhenu Ispat Ltd. (ii) Restrain the defendants from disposing of or dealing with its assets including its shops and premises including at Panbaug, Chakla, Andheri Kurla road, Andheri (E) " 400099, Mumbai and such other assets as may be brought to the knowledge of this Hon'ble Court during the course of the proceedings and on its ascertainment by the Plaintiff, as the Plaintiff is not aware of the same, as per Section 135 (2) (c) of the Trade Marks Act, 1999 as it would adversely effect the Plaintiff's ability to recover costs and accounts of profits. (iii) For an order of rendition of accounts of the defendants by their aforesaid impugned trade activities and a d