This order will govern the Plaintiffs' Motion for interlocutory relief in an action for passing off and infringement.

2. On 6th September 1946, an application was made for the registration of the trade mark “FOLVITE” in class-5 in respect of “a nutritional factor of Vitamin B-Complex in the treatment and prevention of vitamin deficiencies and anemias”. The mark was advertised in the Trade Marks Journal and came to be registered in class-5 on 28th April 1949. The registration of the mark continues to be valid and to subsist. The First Plaintiff entered into a Registered User Agreement on 30th April 1986 with Cyanamid India Limited. The name of Cyanamid India Limited was changed to Wyeth Lederle Limited with effect from 1st January 1998. It is undisputed that the Plaintiffs are entitled to use and adopt the mark FOLVITE in a proprietary character.

3. The Defendant initially adopted the mark FOLCACID for its products. Subsequently, the mark was changed to FOL-V. Permission to do so was granted by the Drugs Control Authorities on th December 2000. In May 2000, the Defendant had filed an application for the registration of the mark FOL-V in respect of medicinal and pharmaceut