JUDGMENT :- This is a Miscellaneous Civil Appeal against the order of the District Judge, Panaji, dated 5-7-1972 restraining the Appellant from selling or from dealing in washing soap under the name of "Margao" or "other deceptively similar to it."

2. The respondents filed a suit against the appellant for permanently restraining him from manufacturing and selling the soap named, "Margao" on the ground that the appellant was manufacturing and selling since 1969 a soap for washing clothes in the form of bars bearing the mark "Margao" which had the same flourish and style as the soap "Marao" which was being manufactured by the respondents since the year 1931.

3. Both the soap bars "Marao" and "Margao" were shown to me in Court. One side of the bar is divided by parallel lines along which the soap can be cut into cakes. On each of the divisions formed by these lines the name "Marao" on one of the bars and name "Margao" on the other bar is written. The reverses of the sides of the two bars are however, totally different. Whereas one bears the picture of a plane engraved in it and the words, "Marao Bar Soap" also engraved in bold letters running along the bar, the other one does not bear s

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