JUDGMENT :-

(Prayer: Appeal Suit has been filed under Section 96 of the Code of Civil Procedure, 1908, to set aside the judgment and decree dated 31.03.2003 made by the Additional District and Sessions Judge(Fast Track Court No.II), Chennai in O.S.No.895 of 1998 and allow this appeal.)

(The case has been heard through Video Conferencing)

1. This appeal is by the plaintiff, who lost the suit filed for permanent injunction restraining the defendants from any manner passing off the product by name ‘Diana’ with butch work on pre-polished cement concrete wall tiles and for rendition of account.

2. The plaint averments are as below:-

The plaintiff is the largest manufacturer of prepolished cement concrete tiles in India and they are carrying on business since 1984. They are manufacturing and marketing different types of tiles under the trade mark “EUROCON”.It is a registered trade mark under Act. The plaintiff company is a pioneer in semi indoor and outdoor applications and external wall claddings and having turn over for more than Rs.565 lakhs during the year 1996-1997 and for publicity it has spent substantial money for the past five years and its expenditure on publicity for the financial