( 1 ) THIS Notice of Motion is taken out by the plaintiffs. The Plaintiffs have filed the present suit for infringement on the basis of their registered trade-mark, of which, according to the plaintiffs, word "nandu's" is an essential feature. The said mark "nandu's" is registered in respect of processed and frozen meat products and the said registration is valid and subsisting.

( 2 ) THE Plaintiffs' contention is that the Defendants are using impugned mark "nando's" in respect of similar goods and/or similar services as that of the plaintiffs. The Plaintiffs in the suit pray for a permanent injunction restraining the Defendants from in any manner using in relation to any eatable goods or restaurant or hotelling services or processed and frozen chicken and meat products the impugned trade-mark "nando's" or any other deceptively similar trade-mark so as to infringe the Plaintiffs' registered trade-mark "nandu". A perpetual injunction on the same terms in relation to passing off is also claimed. By this notice of motion temporary injunction in the similar terms is sought.

( 3 ) THE Plaintiffs' Suit is based on the following allegations:

(a) Infringement of the Plaintiffs trade mark, c

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