PRATIBHA BONNERJEA, J.

( 1 ) THE above suit is a passing off action instituted by the plaintiffs against the defendants for permanent injunction restraining them, their servants, assigns and each of them from manufacturing, selling or purchasing perfumery, cosmetics and toiletries containing the name "ontue" or any other similar name on the allegation that the name 'ontue' not only sounds similar to plaintiffs' trade mark "jontue" but its style of writing 'ontue' is almost a facsimile of stylized writing "jontue". There is also a prayer for damages for Rs. 1,01,000/- or an enquiry into damages and decree for the amount found due on such enquiry. It is also alleged in the plaint that the plaintiffs Nos. 2 and 3 are wholly owned and are subsidiaries of the plaintiff No. 1 and they have been carrying on business all over the world including India since 1976 using their trade mark 'jontue'. In the above suit an interlocutory application was taken out by the plaintiffs for restraining the defendants from carrying on business in the name of 'ontue' and the said application is pending. The plaint in the suit has been verified by one Debashis Sen on behalf of the plaintiffs and the petitio

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