Prabha Sridevan, J.

The plaintiff is the appellant herein. The plaintiffs application for injunction against registration of trademark and against passing off were dismissed and the defendants application for rejection of suit on the ground of jurisdiction were heard together and all the three were dismissed. Therefore, we have two appeals by the plaintiff and one appeal by the defendant. We will refer to them as plaintiff and defendant.

2. The trademark BSA, BSA (device) with Piled Arms Device either separately or collectively is the property that is sought to be protected. According to the plaintiff, they are the proprietor of the trademark BSA under Clause 12 and these trademarks were assigned in their favour by BSA Cycles Limited, England by a Deed of Assignment dated 31-08-1981 and since then the plaintiff has been the registered owner of the trademark for goods viz., vehicles, apparatus for locomotion by land, air or sea, cycles, motor-cycles and side cars, fore cars and trailing cars. When one Derby International Corporation issued a notice to the plaintiff for reassigning the mark, the suit was filed and parties to the suit arrived at a compromise and a decree wa