Judgment:- The plaintiffs have preferred the appeal against the dismissal of their suit in O.S. No. 2 of 1975 on the file of the learned District Judge, Tirunelveli.

2. The suit was one for permanent injunction restraining the defendants, their agents and servants from manufacturing and selling tooth powder with the trade mark label marked ‘I’ or any other colourable imitation of the plaintiffs’ trade mark marked ‘A’ and produced along with the plaint and for rendition of accounts of the profits earned by the defendants by the use of the offending trade mark label from August, 1974 and to make an inquiry into ‘he quantum of damages as ordered by this Court on 17th February, 1976 and to surrender all unused offending trade mark labels and also the blocks, and dyes used by them in printing the labels marked ‘I’.

3. The plaintiffs are carrying on business in the manufacture and sale of tooth powder among other articles under the name and style of S.P.S. and Co., and Vel Chemicals Works at No. 25, East Napalayam Street, Madurai. The business was started by the plaintiffs’ father S.P.S. Muthu Nadar in or about the year 1946-47. The said Muthu Nadar is dead. The plaintiffs are using from t

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