V.K. JAIN, J

1. This is a suit for permanent injunction, grant of damages and delivery up of infringing material. The plaintiff was incorporated under the name Ever Ready Company (India) Ltd. on June 20, 1934 under the Companies Act, 1913. The name of the plaintiff-company was changed from time to time and was last changed to Eveready Industries India Limited on April 24, 1995. The plaintiff-company is engaged mainly in the business of manufacturing and trading of dry cell batteries, re-chargeable batteries, flash lights, compact fluorescent lamps, general service lamps, insect repellants and packet tea. The plaintiff-company has 46% share in dry cell batteries and 80% in flash lights in the organized sector. The carbon zinc batteries manufactured by the plaintiff are sold under the mark EVEREADY since 1905 when its predecessor-in-title National Carbon Company (India) Limited came into existence. The plaintiff is the registered owner of the trademark EVEREADY and EVEREADY (device) and it is using the aforesaid trademark in respect of cell batteries, re-chargeable batteries, flash lights, compact fluorescent lamps, general service lamps, insect repellants and packet tea. T