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(b) For the purpose of identifying and distinguishing his products from those of others in the course of trade, the appellant had conceived of, originated and adopted a composite mark, inter alia, comprising the name and word TAJ written in golden colour within two concentric oval shaped ellipse, with bright red coloured background for use as a label, brand, mark on his products and commenced using the said mark as its trade mark on the products of the appellant from the year 1979.

(c) The products of the appellant are manufactured and marketed under the trade mark TAJ and have demand in all parts of Eastern India and the aforesaid products are available and sold throughout the State of West Bengal.

(f) The customers and trading community come to denote the petitioner's superior products with the distinctive get up, colour combination, writing arrangement, style of presentation and the name TAJ in the composite label.

(g) The appellant besides acquiring Common Law Rights to the said composite trade mark TAJ with a view to further acquire and fortify its right under statute had duly applied for registration of the said composite mark TAJ under the Trade and Merchandise Marks Act, 1958 and on completion of all procedure laid down under the said Act and the Trade and Merchandise Marks Rules, 1959 duly obtained registration thereof.

(j) The appellant, thus, by virtue of registration of the trade mark mentioned earlier had acquired exclusive right to the use of the composite trade mark TAJ and such right will be deemed to be infringed when any person uses in relation to the same or similar goods in the course of trade, such mark which is identical with and/or deceptively similar to the trade mark of the appellant.

(k) As the appellant is the owner of the artistic work including the colour combination, style of writing, get up etc. in its label/composite trade mark TAJ used in connection with its business and since the said artistic work is registered under the Copyright Act, 1957, the appellant has exclusive right to reproduce and publish the said artistic work in any form for the purpose of trade and in case, any person does anything which contravenes the exclusive right conferred upon the owner of the said copyright, the act of the said person should be treated as infringement of copyright.

(l) The use of the composite trade mark TAJ and/or any deceptively similar trade mark in relation to the appellant's goods in the course of trade by any other person should be understood by the trade and the public as that of the appellant's products and thereby such products with the falsified mark and infringed copyright would be passed off as and for those of the appellant's product causing confusion and deception in the minds of the unwary and unsuspecting member of the public and the trade.