Suhas Chandra Sen, J. - (1.) The petitioner Company is a manufacturer of mechanical power transmission equipments including Vulcan Diaphragm Couplings (flexible) (hereinafter referred to as the said product). For manufacturing the said product, the Petitioner No. 1 has factories at 1/1, Taratala Road, Calcutta and at 12B, Beliaghata Road, Calcutta-15.
(2.) The Petitioner No. 1 manufactures the said product, out of indigenously-procured raw materials, based on its own design and specification-technology, duly patented in its favour, and sells the same in India. The Petitioner No. 1 uses its own registered trade mark "Vulcan" with or without its own house-mark "ESBI" in respect of the said product of its manufacture. The Petitioner No. 1 is the sole Consultant of M/s. Vulcan Kupplungs-und Getriebebau, Germany, and has Co-operation arrangement for exploring the marketing possibilities in India of the products of the said German Company.
(3.) The petitioner company is the registered proprietor of the trademark "Vulcan" duly registered under the Trade and Merchandise Marks Act, 1958, Registration Certificate being No. 357227, dated 4th January, 1980 issued by the Registrar of Trade Mark.;