JUDGMENT :

1. The plaintiff, in the year 2007, instituted this suit, to restrain (a) Sandeep Jain, Proprietor Hi Tone Electronics; (b) Hi Tone Electronics; and, (c) Janata Electronics, by way of permanent injunction, from passing off their goods as that of the plaintiffs by using the trade mark BOSS or Hi Tone BOSS and for ancillary reliefs.

2. It is the case of the plaintiff, (i) that the plaintiff is a company incorporated in Japan in the year 1972, engaged in manufacturing, marketing and exporting electronic musical instruments, electronic equipment and software and is a world leader in design, manufacture and distribution of electronic musical instruments including keyboards and synthesizers, guitar products, electronic percussion kits, digital recording equipment, amplifiers and audio processing devices; (ii) the plaintiff is the registered proprietor of various trade marks including BOSS, RODGERS, RSS, EDIROL and ROLAND, in respect of electronic equipments; (iii) the trade mark BOSS is used in respect of compact effect pedals, twin effect pedals, multi effect pedals, acoustic processors, metronomes, tuners, rhythm machines, sound recording equipment and also accessories and is