Manmohan Singh, J.

1. The plaintiffs have filed the present suit for permanent injunction restraining infringement of trademark, copyright, passing off, dilution, delivery up, rendition of accounts of profits, damages, etc. against the defendants.

2. The plaintiff No. 1 is a private limited company engaged in the manufacture and sale of paints, varnishes, polishes and other similar products. Plaintiff No. 2 is the Licensee and sister concern of plaintiff No. 1 operating in the same business.

3. The plaintiffs for the past 65 years are in the field of their business. They provide paints that are tailor-made to the customer’s requirement. They have a distribution network of over 400 dealers in Delhi itself and about 60-70 dealers outside Delhi to reach every nook and corner of the Indian market. They and their sister concerns are ISO: 9001:2000 and ISO: 1400: 2008 certified and many of the plaintiffs’ products are ISI Marked. The plaintiffs’ main commitment is quality products and manufacturing excellence.

4. The plaintiffs’ business grew over the time and many brands have been introduced by plaintiff No. 1 namely “1001” Zinc Paint, “1001” Acrylic Emulsion, “1001” Rakshak, Weathergold, Tuff Wood, Home Care Luxury Sheen Emulsion, “1001” Acrylic Washable Distemper, “1001” Clear Varnish, Weatherite Acrylic Exterior Paint, “1001” Exterior Enamel, “1001” Epoxy Paint etc. Many other brands have also been introduced by the sister concern of plaintiff No. 1, i.e. plaintiff No. 2 namely Auto King, Infinity, Lotus, Shehnai.

5. It is claimed by the plaintiffs that the trademark “1001” was first used and registered in the year 1946. All the rights in the “1001” family of marks along with the goodwill and reputation were transferred to the plaintiffs pursuant to a consent award passed by an Arbitrator in a family settlement through which the trademark bearing registration including all variants of the said trademarks were transferred to the plaintiffs. The above-mentioned award was validated by this Court vide order dated 3rd April, 1995 pursuant to which the said trademarks were transmitted and awarded to the plaintiffs along with all reputation and goodwill accruing thereto and thus the plaintiffs are the proprietor of the said trademarks.

6. The plaintiff is the statutory owner of rights in the trademarks provided below:-

MARK REGN	NO.	CLASS STATUS
1001	1243572	Registered
1001	Superior Label 3075272	Registered
1001	4232022	Registered
1001	Superior 5129802	Registered
1001	Acrylic Washable Distemper 11064682	Registered
1001	3408532	Registered
1000	113194672	Registered

    7. It is submitted by the plaintiffs that from the date of the said transfer, the plaintiffs have been using the “1001” family of marks continuously, extensively and uninterruptedly for almost two decades and hence by virtue of such use, enormous goodwill and reputation has accrued to the “1001” family of marks. It is further submitted that due to such long, continuous and uninterrupted use, the consuming public associates the marks solely and exclusively with the plaintiffs and with no other party.

8. In view of the priority in adoption and extensive, uninterrupted and continuous use of the trademark “1001” by the predecessor in interest of the plaintiffs prior to 1995 and by the plaintiffs themselves thereafter, has resulted in a secondary significance/meaning accruing to the trademark “1001” in favor of the plaintiffs entitling the plaintiffs to common law rights apart from the statutory rights in the “1001” family of marks.

9. It is further submitted that the plaintiffs have also been using a unique and distinctive label for the “1001” family of marks on their products. The label for “1001” has unique features which uses the color combination of red, white and yellow in which the words “1001” AC