defendant has filed enormous documentary evidence substantiating his use of the mark along with an affidavit affirming their claim of use. After going through the rigorous examination process, the label was advertised in the trade marks journal and consequently granted registration. Thus, the said SHREE label is a registered trade mark and the defendant is the exclusive registered proprietor of the same. Further, the said label, being a creative artistic work, is also capable of being protected under the Copyright Act. Hence, the defendant possesses copyright over the said SHREE label and is also the owner of the copyright in the said label. The mark is distinctive of his business and products alone and nothing else. The defendant's annual turnover for the products sold under the SHREE label runs into several lakhs of Rupees. His products under the mark SHREE are regularly and extensively advertised through various media, including inter-alia, television, newspapers, magazines and point of purchase materials, etc. In view of its quality, the defendant's product under the said SHREE label have gained enormous reputation and goodwill among the members of public. The defendant spent huge sums of money towards advertisement and sales promotion for its products under the mark SHREE label. By virtue of extensive and continuous use for the last more than 11 years, the defendant's SHREE label has acquired enviable reputation and goodwill in the market. The trade and public associate of the said mark only with the defendant and none else. The defendant estimate
