The main legal point established in the judgment is the protection of the appellant's exclusive right to the registered trade mark 'WITCO' and the prevention of trade mark infringement and passing off by the respondents.

K.K.SASIDHARAN, J.

These two original side appeals are directed against the common order dated 37. 2009 in O.A. Nos. 428 & 429 of 2009 in C.S.No.372 of 2009 whereby and whereunder the application filed by the appellant for an order of interlocutory injunction during the pendency of the Civil Suit was dismissed.

2. The appellant filed a suit in C.S.No.372 of 2009 against the respondents for the following reliefs:-

(i) For a permanent injunction, restraining the defendants, their partners, servants, agents, men or any one claiming through them from in any manner infringing the registered trade/service mark of the plaintiff viz., "WITCO" in any form deceptively similar to the business name of the plaintiff.

(ii) For a permanent injunction restraining the defendants their partners, servants, agents, men, or anyone claiming through them from marketing, distributing, offering, advertising or using the Mark "NITCO" in any form or variation in English language and or any other vernacular language with or without tag-line "The luggage Expert" or similar surrounding names or any other mark deceptively similar to the plaintiffs mark "WITCO" with identical colour scheme, get up and lay out in the course of their trade/services and passing off goods or services or enabling others to pass off the goods or services as the goods of the plaintiff or as services provided by the plaintiff.

(iii) For a mandatory injunction directing the defendants to deliver to the plaintiff all the business materials, goods, invoices, bills, receipts, books of accounts, cartons, advertisement materials, hoardings, letter-heads, visiting cards, office stationery and all or any other materials containing/bearing the Mark "NITCO" with or without the logo "The Luggage Expert" or any other deceptively similar mark or labels for destruction.

(iv) directing the defendants to pay to the plaintiff a sum of Rs.10,00,000/- by way of damages for the acts of infringement and passing off.

(v) For a preliminary decree directing the defendants to render account for profits made by them by the use of the mark "NITCO" with or without the logo/tag-line "The Luggage Expert" as and from 22. 2009 and for a final decree in favour of the plaintiff for the amount of profits found to have been made by the defendants after rendering accounts; and

(vi) directing the defendants to pay to the plaintiffs the cost of the suit.

3. In the plaint in C.S.No.372 of 2009 the appellant as plaintiff contended inter alia thus:-

(a) The predecessor-in-interest of the plaintiff by name Thiru M.P.C. Mohammed founded West India Plastic Trading Company in the year 1951. The business was conducted in a shop located at George Town. In the course of time the firm also started manufacturing handcrafted luggage and launched "WITCO" as a brand name being the abbreviation of the firms name, and incidentally it is also a coined word to deal with travel goods and accessories.

(b) In the early 1970s "WITCO" gradually spread its wings geographically to other districts in Tamil Nadu and Kerala and during late 1970s the wholesale business of the firm was transformed to retail business. Subsequent to the demise of the founder M.P.C.Mohammed, his sons took over the business with a vision to become Indias leading retailer in travel requisites. Therefore with an intention of doing business in travel goods in a grand manner, they have incorporated a company in the name and style of "WITCO (India) Private Limited". The incorporation was on 111. 1988.

(c) The plaintiff company retails internationally and nationally renowned premium travel brands like Samsonite, Antler, VIP, Delsey, American Tourister, Giordano, etc. The plaintiff company, being a leading player in the luggage industry, has about thirteen retail outlets in Chennai, Kochi and Calicut. It has to its credit six prominent stores at T.Nagar, Anna Nagar, Mount Road, Cathedral Road, Luz and Adyar to cater to the needs of the elite Chennai. The plaintiff co