( 1 ) THE appellant, Allergan Inc, is a company which manufacturers Pharmaceutical products in several countries. It does not carry on any business in India. The first respondent is a company which carries on business of manufacturing pharmaceutical products in Indian. The appellant seeks to restrain the respondents from using the mark "ocuflox" in respect of a medicinal preparation manufactured and marketed by the respondents. The issue to be decided in this appeal is the right of a foreign manufacturer to restrain use of a mark in India on the basis of prior user of the mark outside the country.

( 2 ) ON the material before this Court there can be no doubt that the appellant manufactures a pharmaceutical eye care product under the name of OCUFLOX containing ofloxacin and other compounds. According to the appellant 3 it first used the mark on 9th Sept. 1992 after which it has marketed the product in several countries in Europe, Australia, South Africa and South America and has obtained registration of the mark in Australia, Bolivia, Equador, Mexico, Peru, South Africa, Canada and the United States of America. It has also applied for registration of the mark OCUFLOX