The central legal point established in the judgment is the importance of prior adoption and use of a trade mark, the distinction between registered and unregistered trade marks, and the rights of prior and permissive users under common law.

S.J. Mukhopadhaya, J.

In these appeals, as common question of law involved and preferred against common judgment, they were heard together and disposed of by this common judgment.

2. Before deciding individual claim and counter claim, including the pleading as was set forth in different plaints, it is desirable to note certain undisputed facts, as shown hereunder:-

S.M. Palaniappa Chettiar, 1st plaintiff in C.S. No.311/97 commenced business sometime in 1940s of publishing Konar Notes for school students through M/s. Palaniappa Brothers, 2nd plaintiff in C.S. No.311/97, a family partnership firm, respondent herein. The author of the book was one Vidwan Ayyan Perumal Konar, a Tamil scholar, assisted by a team of scholars. The notes seems to have popularly come to be knows as "Konar Tamil Urai", i.e., Konar Tamil Notes. For the present, they are publishing "Konar Tamil Urai" for students of classes XI and XII.

M/s. Karthikeyan & Co., 1st defendant in C.S. No.284/97 was established in 1956 as a registered firm under the Indian Partnership Act. It started publishing school books, including Konar Tamil Urai for III to VIII standards.

Konar Publications, plaintiff in C.S. Nos. 284, 285, 286 & 287 of 1997, (appellant herein), was established in 1956. It acted as sole selling agent/distributor of Konar Tamil Urai for schools in Madurai. Later on, it also started publishing Konar Tamil Urai for College students. It applied for registration of trade mark "Konar" in 1982, which was allowed in the year 1997, followed by renewal of such registration.

Another M/s.Madras Karthikeyan & Co., a partnership firm (1st defendant in C.S. No.287/97) was opened in 1991, which started publishing school books, including Konar Tamil Urai for the students of IX standard.

M/s. Madras Palaniappa Brothers, another partnership firm (1st defendant in C.S. No.286/97), was started in 1992 and started publishing school books, including Konar Tamil Urai, for students of X standard.

3. M/s.Palaniappa Brothers, which was originally established in 1940s and started publication of Konar Tamil Urai, got it registered with the Registrar of Firms under the Indian Partnership Act in 1975. In the meantime, Vidwan Ayyan Perumal Konar having died on 1st Jan., 1969, M/s.Palaniappa Brothers continued to publish the books with the help of other vidwans (scholars).

4. The appellant, Konar Publications, commenced publication of Konar Tamil Urai for school students in May, 1997. It instituted four suits, C.S. Nos. 284, 285, 286 and 287 of 1997 before the Original Side of this Court, inter alia for decree of permanent injunction to restrain the defendants of respective suits -respondents herein, from infringing the appellants registered trade mark "Konar". Mr. S.M.Palaniappa Chettiar and M/s.Palaniappa Brothers, jointly instituted another suit before the Original Side of this Court in C.S. No.311/97, inter alia seeking a permanent injunction restraining the defendant - appellant herein, from infringing or passing off the defendants/appellants publication and for that of the plaintiff -respondents publication. By judgment dated 11th Jan., 2000, learned single Judge dismissed all the suits preferred by the appellant, M/s.Konar Publication, allowed the suit jointly preferred by Mr. S.M.Palaniappa Chettiar and M/s.Palaniappa Brothers and thereby decreed the suits in favour of the respondents.

5. In view of submission made by counsel for the appellant, it is desirable to notice the cause title of different suits to find out the status of one or other party as plaintiff or defendant:-

From the aforesaid cause title it will be evident that though the name of many of the partnership firms are different and printer in many of the cases are common, address of all the defendants in C.S. Nos.284 to 287 of 1997 are same, i.e., No.l4, Peters Road, Royapettah, Chennai, which is the address of the 2nd plaintiff in C.S. No.311/97.

6. Mr.Arvind P.Datar, learned senior counsel for the app