(1.) This is a defendants' appeal from the order of the Additional District Judge dated July 10, 1967.
(2.) The plaintiffs are a partnership firm carrying on business under the name and style of M/s. Banaras'i Dass and Brothers at Chandni Chowk, Delhi since the year 1949. They are the registered proprietors of the trade mark 'ELORA' registered under number 175751 in class 14 as of the date August II, 1956 in respect of watches, time-pieces, clocks and their parts. The trade mark has been renewed from time to time and is subsisting. The plaintiffs have been selling clocks with the trade mark 'ELORA' since 1955.
(3.) In October 1962 the plaintiffs found an advertisement issued by the defendants "ELLORA INDUSTRIES" with 'ELLORA' as the trade mark for time-pieces. By a notice in writing dated December 26, 1962 the plaintiffs called upon the defendants to desist from manufacturing, using, selling or offering for sale their goods under to mark 'ELLORA'. The defendants by their reply dated January 9, 1963, assured the plaintiffs that they were newcomers in the industry and did not want to quarrel over a name. They said they were prepared to stop using the name 'Ellora' and had chosen a new name for their time-pieces.