( 1 ) THIS Notice of Motion is taken out by the plaintiffs. The suit has been filed by the plaintiffs on the basis of their registered label mark bearing No. 436744 of which one of the essential features is a numeral "5000". According to the plaintiffs, the Defendant is committing acts of infringement and passing off by using the trade mark "prestige 5000" and "four SQUARE 5000" of which, the numeral "5000" forms an essential feature. According to the Plaintiffs, Section 28 of the Trade Marks Act, 1999 gives an exclusive right to the Plaintiffs to use the trade-mark "haywards 5000" and the essential features thereof including the numeral "5000" and also gives rights to the Plaintiffs to prevent anyone from using any deceptively similar trade-mark. According to the Plaintiffs, in or about the year 1983 the first Plaintiff adopted for and in respect of its strong beer the distinctive trade mark "haywards 5000", of which numeral "5000" forms leading and essential feature, with a view to distinguish its goods from those of others. According to the Plaintiffs, the said numeral "5000" is a fancy numeral and does not have any reference to the character or quality of the strength of the be

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