P.C. :

1. At the outset, Mr. Kadam, learned Senior Advocate appearing for the Plaintiff tenders the draft amendment. The draft amendment is taken on record. Considering the nature of amendment, the same is allowed. Amendment to be carried out within a period of two weeks. Reverification is dispensed with.

2. This is an action for infringement of trade mark, copyright and passing off. The Plaintiff is the registered proprietor of the trade mark “GOLD FLAKE" which was registered in the 1942 and has been in continuous uninterrupted use of the Plaintiff. The “GOLD FLAKE" trade mark as well as the derivative marks are stated to be highly

reputed amongst trader and consumers and the Plaintiff’s products which are cigarettes are also exported globally.

3. Mr. Kadam, learned Senior Advocate appearing for the Plaintiff submits that in or about 1905, the Plaintiff’s through its predecessor in business commenced the use of the trade mark “Gold Flake” in respect of cigarettes and has obtained trade mark registration. He submits that the Plaintiff is also owner of the original artistic work in respect of the registered trade mark. In order to demonstrate the reputation and goodwill, he points out t