Prabir Kumar Majumdar, J. - (1.) The petitioner is the registered proprietor of the Trade-Mark ROTHMAN'S CAMBRIDGE label being No. 257625 dated June 24, 1969. The said registration is limited to the colour white, gold, dark-blue, light blue and red. The petitioner claims that the label as a whole is protected by the said registration, but the word 'CAMBRIDGE' is disclaimed. The said registration is in respect of tobacco, cigarettes and cigars.
(2.) The petitioner is also the registered proprietor of a Trade-Mark 'ROTHMAN'S INTERNATIONAL' label with a large size crest Device being No. 288012 dated May 9, 1973. The said registration is in respect of cigarettes.
(3.) The said two Registrations, according to the petitioner, were and are still valid and subsisting. It is the case of the petitioner that the crest appearing on the label of 'ROTHMAN's INTERNATIONAL' has become distinctive of the cigarettes of the petitioner's manufacture and is well known as the petitioner's crest.;