S.P. Garg, J.

1. M/s. Hindustan Pencils Pvt. Ltd. (hereinafter referred to as ‘the plaintiff’) has filed the present suit for permanent injunction restraining infringement of trademark, copyright, passing off, damages, delivery up, etc. against the defendants. The case set up by the plaintiff in the plaint is as under :

2. The plaintiff earlier a public limited company incorporated under the Indian Companies Act has been converted into a private limited company. Mr.Manoj Dabke is the authorized signatory of the plaintiff to institute the present suit. It is further averred that the plaintiff is well established and is carrying on an old and established business of manufacturing, marketing and selling pencils, erasers, sharpeners, foot rulers and other items of stationery of day-to-day use since 1957. It has conceived, invented, designed and adopted the mark ‘NATARAJ’ along with a device of ‘NATARAJ’ in respect of their pencils, sharpeners, erasers and other stationery products in the year 1961 and since then, they have been using the said trademark ‘NATARAJ’ along with device of ‘NATARAJ’ in a particular design label having its colour scheme, get up, layout, background in r