V.K. Jain, J.

1. This is a suit for permanent injunction. The Plaintiff No. 1 claims to be the owner of the trademark TIYA having acquired it by assignment from Plaintiff No. 2. It is alleged that the mark TIYA was registered in the name of Plaintiff No. 2 vide registration No. 299272 on 13th September, 1974. The registration of the trademark in the name of Plaintiff No. 1 M/s Tiya Industries was renewed for some years but the registration discontinued thereafter. The trademark is stated to have been assigned by Plaintiff No. 2 to Plaintiff No. 1 in the year 1983 and is being used by Plaintiff No. 1 since the year 1981 in respect of steel and rubber parts for the cycle and auto industries mainly of steel balls, nuts bolts, rings, spoke wires and cycle parts etc. The Plaintiffs claim to be the exclusive owner of the trademark TIYA with logo on account of its continuous user since the year 1974. This is also the case of the Plaintiffs that they are selling their products under a distinctive label and trade dress, which constitute an original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957 and the copyright in that work vests in Plaintiff No. 1. Defe