INDERMEET KAUR, J.

1. Present suit is a suit for permanent and mandatory injunction restraining infringement of trademark, rendition of accounts, damages and delivery up.

2. Plaintiff No.1 is a partnership firm registered in New Delhi engaged in the business of manufacturing and selling tobacco products including flavored chewing tobacco, pan-masala etc. since 1950. Plaintiff No.2 is the licensee of plaintiff No.1 vide license agreement dated 01.04.2009.

Plaintiff No.1 is a registered proprietor of the Lord Krishna device/logo (with Lord Krishna playing the flute with a cow in the background), the trademark GOPAL (in hindi as well as english) and also the labels comprising of the trademark GOPAL and Lord Krishna Device/Logo in relation to flavoured chewing tobacco and has been using the trademark continuously since 1950. The plaintiffs have also extensively promoted and advertised its products under the trademark GOPAL accompanied by the Lord Krishna device/logo.

3. Defendant is a proprietorship firm registered in Cuttack, also engaged in the manufacture and sale of flavored chewing. In March, 2010 the plaintiffs discovered that the defendant was manufacturing and selling fl