P. K. SETHURAMAN, J.

The respondent in Application Nos. 3690 & 3691/87 as plaintiff filed the suit No. 156 of 1986 alleging that he had been manufacturing safety matches from the year 1955 and in the course of the trade using, in connection with safety matches manufactured by him, a distinctive trade mark 'National Park' with the device of a standing stage with a peculiar colour scheme and get-up with a view to indicate that such goods are of his manufacture and he had also registered the same under the Trade and Merchandise Marks Act, 1958 and he has acquired valuable good will of the said trade mark because of its excellent and high quality standard. While so, during the middle of March 1986 he came to know that the defendant/applicant had commenced manufacturing and selling safety matches using an identical trade mark 'Running Deer' together with the device of 'Standing stag' with an identical coulour scheme and get up. The defendant has deliberately copied the plaintiff's well established trade mark 'National Park' together with the device of standing stage by using an identical 'Running Deer' trade mark label along with the device of standing stag with an identical