Bhavadasan, J.

The plaintiff, who failed to secure any relief against the defendants in an action for passing off is the appellant.

2. The plaintiff claims to be carrying on business of manufacturing, processing and sale of rice in the State of Gujarat at Bareja, Descroi Taluk in Ahamedabad District since 1982. He claims to be a leading manufacturer and seller of raw rice under the trade mark ‘Taj Mahal’ brand Surati, Superfine No.1. The trade mark consists of the pictorial representation of “Taj mahal” and the words written “King of Rice, Mahavir Rice Mills” in Devanagari script at the top of the bags containing rice. The plaintiff has applied for registration of copyright and the said application is pending under the Copyright Act. The plaintiff has been using the trade name and the logo from 1984 onwards and business in rice has earned a reputation under that name. The superior quality of raw rice sold under the above trade mark has gained wide reputation and the rice so sold is identified with the plaintiff’s firm. There is a distinctiveness and the plaintiff has acquired a right to use it exclusively. The allegation is that defendants 1 to 3 who are selling low qual