KoShy, J.

Appellants herein are the defendants in O.S. No. 2/88 on the file of the District Court, Kozhikode. The suit was filed by the respondents carrying on business in dairy products for a permanent injunction restraining the appellants from selling or marketing their goods by use of any trade mark containing 'Nambisans'/ Nambeesan and/or containing trade mark similar or identical to or deceptively similar to that of the respondents' trade mark. The respondents herein were the plaintiffs in O.S.2/88. The 1 st plaintiff is a company registered under the Indian Companies Act. The 2nd plaintiff is a registered partnership firm registered under the Indian Partnership Act.

2. According to the plaintiff averments, over 50 years back, late Sri. M. Krishnan Nambissan started the manufacture, production, marketing and sale of milk products like butter ghee and thick butter milk, under the name and style of'NAMBISANS D. V. DAIRY FARM'. Within three or four years of the starting the concern, the business became so successful and popular and the sole proprietary concern was converted into a partnership business taking his sons as partners. Thereafter, in 1965, 'Nambisans Dairy Pv