increase in the monthly sales of appellant's Micatex. This is demonstrated by the following figures, which are not seriously disputed: 15. Period Total sales (in litres) of Micatex Jan to July 1978 63 594 (7 months) Aug 1978 to Jan 1979 603 863 (6 months) Feb to July 1979 835 170 (6 months) In about October 1978 it came to appellant's notice that respondent was selling and offering for sale in the Cape Province a texture coating under the mark "Mikadek". Appellant immediately objected to the use of this mark as being, inter alia, an infringement of its trade mark Micatex. Without making any concessions respondent agreed to desist from further use of the mark Mikadek. Respondent thereafter filed applications for registration in its name of the marks 16 "Mikadecro" and "Mikacote" in respect of paints and similar products. The word "Dekro" is respondent's "housemark" and apparently this in part inspired the conception of the marks Mikadek and Mikadekro. In about April 1979 appellant became aware of the fact that respondent was selling and offering for sale in the Cape Province a texture coating under the mark Mikacote. The container in which the product was marketed also bore the housemark "Dekro". This use of the mark Mikacote was not authorized by the appellant and, according to appellant, was an infringement of its rights as the proprietor of the registered mark, Mibatex. Appellant's attorneys thereafter wrote on its behalf to respondent 17 objecting to this use by respondent of the mark Mikacote, demanding that it cease and making various other demands, which need not be detailed. This elicited a reply from respondent's attorneys denying infringement and refusing to accede to appellant's demands. Respondent continued to use the mark Mikacote in this way and was evidently

Select target paragraph3