JUDGMENT - REBELLO F.I., J.:-The plaintiffs have filed the present suit against the defendant for infringement of their trade mark and also action in passing off. The case of the plaintiffs is that the 1st plaintiff No. 1 is an international company having several affiliates, associates and subsidiary companies. The 1st plaintiff has several registered trade marks in its name all over the world including India. The mark "KODAK" a coined word is a distinctive trade mark and one of the most well recognised trade mark in the world. The 1st plaintiff is registered proprietor of the said mark as also the trade mark known as "KODAK" (device). All these are registered under the Fourth Schedule to the Trade and Merchandise Marks Rules, 1959 framed under the Trade Merchandise Marks Act, 1958. The registration of the said trade marks are valid and subsisting. The 2nd plaintiff is a subsidiary of the 1st plaintiff. At the time of filing of the suit 74% of the share holding was held by the UK subsidiary and as of date the 2nd plaintiff has share holding of 96%. It is then averred that the plaintiff No. 2 imports and markets the photographic films manufactured by Kodak Limited U.K. (a subsidi

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