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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.

(d) The appellant in order to promote and publicize his product with the mark TAJ has caused large scale advertisements in the newspapers, journals and in other form of sales promotion. Those advertisements have received intense attention and have boosted the popularity of the mark TAJ amongst the trading people and the customers and considerable amount of money has been spent each year towards those advertisements and sale promotions of the appellant's products with the mark TAJ.

(e) By virtue of very extensive user of the mark/brand TAJ for continuous period of over 23 years, large scale advertisements and appreciable sale of the products of the appellant, the composite mark TAJ became connotative and denotative of the appellant and no one else.

(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.