JUDGEMENT :- The plaintiff has preferred this appeal against the dismissal of his suit in O.S. No. 4 of 1972 on the file of the District Judge, North Arcot.

2. The plaintiff, a manufacturer of beedies at Vaniyambadi under the name 'fish beedies' with wrappers and labels showing the picture of fish in water, applied to the Court for declaration of his right to 'use the trade mark Meen Beedies to the beedies manufactured by him as shown in Annexure-II to the plaint and for permanent injunction restraining the defendant who is also engaged in the business of manufacture of beedies at Vellore from using the infringed trade mark. The plaint averred that the plaintiff has been using his trade mark of fish in water encircled with an oval ring with the letters PLA on either side of oval ring within a circle as set out in Annexure-I to the plaint with the trade name Meen Beedi both in Tamil and Urdu beneath it and in Telugu above it with the words 'Fish Mark Beedi' and 'Meen mark beedi' on either side of it, that the beedies of the plaintiff are of high quality and were very popular with the beedi smoking people and that he has also spent a large amount in advertising his beedies in