M. ANANTANARAYANAN, C.J. :- These related appeals involve certain problems of great interest and significance, in the application of the law of Trade Marks to the facts of the record. It is not so much that the problems involved are bare of authority; indeed, the contrary is true, and we have a plethora of decisions from which to select leading precedents, but that the issue, whether certain of those dicta now require modification or a certain refinement does appear to arise. We might state, at the out-set itself, that the authorities that we have examined fall into three main groups : (1) English precedents, many of these dating from the last decades of the 19th Century, (2) expositions, supported by authorities, of the relevant principles, appearing in the Treatises, Halsbury's Laws of England, Third Edition, Volume 38; Kerly on Trade Marks, 8th Edition (R. G. Lloyd), The law on the Trade and Merchandise Marks by Dr. Venkateswaran (1963 Edition) and (3) the enactment itself, and one or two decisions of the Supreme Court and of our High Court.

2. Before proceeding to the facts, it may be convenient to formulate certain of the relevant issues, in a broad mode. Before a Trad