Janarthanam, J.

1. Messrs, Mardie Trading Limited, for short 'Hardie', is a foreign company having its registered office at No. 594 St. Kilda Road, Melbourne, Australia. Hardie is the registered owner of the trade mark SPARTAN and Warrior device, it having been registered on 18.6.1926 in Australia and on 6.8.1928 in Newzealand. Hardie registered the trade mark SPARTAN in India on 21.5.1946 under 122172 in Class 2, and on 25.5.1946 under 122175 in Class 3, and the trade mark SPARTAN VELOX on 25.5.1946 under 122174 in Class 2.

2. Messrs Addisons Paints and Chemicals Limited, Huzur Gardens, Sembiam, Madras 11, for short 'Addison', was the selling agent of Hardie in India for the products under the SPARTAN trade mark from 1946 to 1949. In 1948 Addison commenced manufacture of its products under the supervision, technical know-how and quality control of Hardie and until July, 1963, used the SPARTAN trade mark on its products as licensee of Hardie and from August, 1963 till the end of August, 1968, Addison used the trade mark of Hardie in its capacity as Registered User of Trade Mark by agreement dated 11.7.1963. On 31.8.1963, the registration of Addison as a Registered User of