Unregistered deed of assignment is not admissible in evidence.

K.P. Sivasubramaniam, J.

1. This appeal is directed against the judgment of the learned District Judge, Srivilliputhur, in O.S. No. 58 of 1999. The plaintiff is the appellant before this Court. Even though miscellaneous petitions were posted for hearing, since the prayer as well as the arguments in the petitions as well as the appeal being the same, at the request of both sides the appeal itself had been taken up for disposal and heard.

2. The suit had been filed for the following reliefs by the plaintiff :

"It is therefore prayed that this Hon'ble Court may be pleased to pass judgment and decree :

(a) Granting a declaration to the effect that the Registered Trade Mark No. 282340 for label 'BULB' is applicable to goods safety matches to be packaged in 'veneer' match boxes ; but not in the cardboard match boxes.

(b) Granting a declaration to the effect that the first defendant has not made any substantial use of Registered Trade Mark No. 282340 in Class 34' for label 'BULB' during the last twenty years and thereby the said Registered Trade Mark No. 282340 appears to have lost its distinctiveness due to continuous non-user.

(c) Granting a declaration to the effect that the so-called assignment of unused and abandoned Trade Mark No. 282340 by the first defendant in favour of the third defendant is not valid as the execution of Assignment Deed dated 17.3.1999 is forged one by the second defendant.

(d) Granting a declaration to the effect that the substantial alteration or variation of the colour combination and get up by the third defendant in the unused and abandoned Trade Mark No. 282340 to make it use in cardboard match boxes will effect the right of the plaintiff in respect of their use of Registered Trade Mark No. 455169 for goods safety matches to be packaged in cardboard match boxes.

(e) Granting a permanent injunction restraining the second and third defendants by themselves, their partners, servants licensees, agents, printers, carriers, distributors or anyone claiming through them from using the altered or varied Trade Mark No. 282340 for label 'BULB' in relation to goods safety matches packed in cardboard match boxes.

(f) Granting a permanent injunction restraining the second and their defendants by themselves, their partners, servants, licensees, agents, printers, laminators, screen printers, scourers, carriers, distributors or any one claiming through them from committing passing off 'their goods safety matches in 'cardboard match boxes' bearing the so-called assigned and altered label mark 'BULB' (No. 282340) as and for being connected with the safety matches in cardboard boxes of the plaintiff Trade Marks "BULB"(No. 455169) in any modified form or by imitation, any portion of the colour scheme or portion of the get-up as found in the plaintiff's registered label mark 'BULB'.

(g) Granting a permanent injunction restraining the second the their defendants by themselves their partners servants, licensees, agents, printers, laminators, screen printers, scourers, carriers, distributors or any one claiming through them from committing infringement of plaintiff's registered Trade Mark No. 455169 for label 'BULB' by altering or varying the so-called assigned and abandonment Trade Mark No. 282340 for 'BULB".

(h) Directing the second and third defendants to surrender to the plaintiff all the unused, altered or varied 'Bulb' labels printed in cardboard, wrappers and other printed matters containing or consisting of the offending altered trade mark together with blocks used for the purpose of printing the same for destruction.

3. The plaintiff contended that they are manufacturers of safety matches and card board matches. They were selling their safety matches under various brand names for the past 23 years and the plaintiff has gained reputation and goodwill attached to the brand name. One of the trade marks of the goods marketed by the plaintiff is the label trade mark "BULB" with the device of the Bulb and the same was being