S.N. Variava, J. (Oral). - This Notice of Motion for injunction is filed by Plaintiffs to restrain Defendants inter alia from (a) infringing Plaintiffs trade mark "Velcro" (b) passing of Defendants' hook Velvet fabric of synthetic material or fastners of Defendants as hook Velvet fabric of Plaintiffs' and (c) using the word "Velcro" or any other name deceptively similar thereto as part of Defendants trading name and style.

2. Admitted facts are that Plaintiffs are the owners of Trade Mark set out in paragraph 4 of the Plaint for the classes set out therein. It is also an admitted position that in 1968 negotiations started between Plaintiffs and Defendants Indian Directors for purposes of entering into a collaboration Agreement. It is clear that it is because of those negotiations that Defendants Company was incorporated on 6.10.1969 with the name "Velcro" as part of its corporate name. This is also clear from fact that thereafter on 26.11.1969 a Shareholders Agreement, as well as, a Licence Agreement were entered into. The Licence Agreement Exh. 'C' specifically provides that on termination of the Agreement Defendants are not to use the word "Velcro" as part of their trade na