JUDGMENT :

S.K. Mahanjan, J.

The plaintiff company is engaged in manufacture and sale of consumer products and one of the products of the plaintiff is liquid shoe-polish being manufactured and marketed by them under the name and style of Cherry Blossom Premium Liquid Wax Polish. Shoe polish in the liquid form is stated to have been introduced by the plaintiff about 10 years back and it comprises of natural wax available, namely, Carnauba wax allegedly being imported from Brazil for purposes of making this polish. Defendant is also engaged in the manufacture of polish and one of the brand being manufactured and marketed by the defendant is "KIWI" brand of liquid polish. It is alleged that the liquid polish being marketed by the defendant and some other manufacturers have much less wax contents and more acrylic contents as compared to the liquid polish of the plaintiff. The acrylic base allegedly tends to form a file on the footwear which over a period of time is liable to crack and thus damage the footwear. It is, Therefore, stated that the liquid polish of the plaintiff having wax rich formula is better than the other polishes. The liquid polish of the plaintiff is sold and marketed