JUDGMENT :

Anoop V. Mohta, J.

Introduction: The controversy in this appeal revolves around the conflict between two identical trade marks, "Pacitane" registered trade mark of the respondents and "Parkitane" unregistered trade mark of the appellants.

2. The appellants herein, (original defendants), are aggrieved and affected by the order dated 20.9.2003 in Notice of Motion No. 2138 of 2003, arising out of Suit No. 2299 of 2003, whereby, ad-interim relief in terms of prayer Clauses (a), (b), and (c), except bracketed portion, in favour of the respondents (original plaintiffs) herein, has been granted. Though by the impugned order, ad-interim order was granted, when the matter came up before us on 2nd December, 2003, the learned Senior Counsel appearing for parties agreed that the notice of motion be treated as having been disposed of by the impugned order. We ordered, thus, appeal to be heard finally at the admission stage.

3. Parties assertion: Respondent No. 1 (original plaintiff No. 1) known as Wyeth holding Corporation is a company, that formally known as American Cynamid Company, incorporated under the laws of the State of Maine, U.S.A., and having its principal office at Five Giral