1. These set of suits are by the Pilot Pen Co. (India) Private Ltd., against the several defendants for a permanent injunction restraining them from using the type of clip of fountain pens imitating the plaintiff's design registered under the Indian Patents and Designs Act on 28-9-1959 and for accounts of the profits they have made by the sale of their pens with infringing type of clips. The original petitions by the defendants in each of these suits is for the cancellation of the registration by a direction to the Controlled General of Patents, Designs and Trade Marks, Calcutta to remove the entry of the said registration from the register.

(2) The suits and petitions were tried together and since the points arising in the suits and petitions are common, I propose to dispose them of by a common judgment.

(3) The plaintiff, Pilot Pen Co., claims to have absolute copy right in a new and original design in respect of fountain pen clips, having registered their design under No. 101410 dated 28-9-1959 under the Indian Patents and Designs Act 1911. It is the plaintiff's allegation that the several defendants have been manufacturing and marketing fountain pens in the name and style