Prathiba M. Singh, J. The present judgement deals with 13 proceedings including two civil suits, one rectification petition and 10 writ petitions which are disposed of by a common judgement. The contents of the judgement are divided in the following sections:

Section A Background Paras 1-26 Section B Submissions of parties Paras 27-54 Section C Discussion & Analysis of Evidence Paras 55-63 Section D Findings on Issues & Relief Paras 63-153 Section E Summary of conclusions Paras 154-161 A. Background

1. The present suits being CS (OS) 2408/1985 and CS(COMM) 473/2016 and also the other petitions relate to the trade mark ‘FIELDMARSHAL’/ ‘FIELD MARSHAL’. The earliest suit titled ‘M/s. P.M. Diesels Pvt. Ltd. v. Thukral Mechanical Works’ in respect of the said mark is Suit No. 2408/1985, which was originally instituted before this Court and was, thereafter, vide orders dated 31st July, 2003 and 15th September, 2003, transferred to the Karkardooma District Court, due to the increase in

Page 3 of 152 pecuniary jurisdiction of the High Court. Vide order dated 12th May, 2022, the said suit was transferred by this Court and tagged along with CS (COMM) 473/2016.

2. In all