Davies, J.

1. The first three plaintiffs are importers of " Grey shirtings" from Manchester of which the, last three plaintiffs are the shippers. On these goods they have since 1889 stamped a " facing" which, to take a typical example, consists of letters, designs and numerals in the following order:

T.A. Taylor & Co. (in. Roman capitals).

A coat of arms.

T.A.T. (in manuscript form).

Scimitars placed horizontally varying in number for quality.

Figures showing weight in lbs.

A number.

A circle within a circle with, inscriptions denoting Firm.

Figures showing length in yards.

A letter (Roman capital)

A number.

2. The plaintiffs claim the whole of this combination in the sequence in which its details stand as their " trademark" and charge the defendant another importer of similar goods with the infringement of it by stamping his merchandize with a facing so closely resembling theirs in the character and order of his marks as to mislead the public into believing that in purchasing his shirtings they are purchasing the plaintiffs

3. The action is not upon a " trademark" properly so called as there is no registration of trademark in this country, but it is brought upon the right of an exclusi