1. The defendant in O.S.15 of 2005, who suffered decree in a passing of action is the appellant.

2. The plaintiff hospital established in 1989 is well equipped and offers specialised treatments for various ailments. It also runs several sister institutions. They have adopted the mark of ‘A1-Shifa Hospital’. By virtue of long, continuous and extensive user of the said mark, it has become a house hold name. Patients from abroad knowing about the quality of the service offered by the hospital come for treatment. The plaintiffs claimed that they moved an application for registration of the above mark. According to the plaintiff, they have spent huge amounts for advertisement of the mark ‘A1-Shifa Hospital’ and the name has acquired a distinctive character. The hospital has earned goodwill and high reputation in the process. The complaint was that the plaintiff happened to come across a few advertisements made mention of in the plaint in leading newspapers in respect of a hospital run by the defendant, which also carried the name A1-Shifa followed by Super Speciality Hospital for Piles. The grievance of the plaintiff is that the name so adopted by the defendant is phonetically,