JUDGMENT :

Sugato Majumdar, J.

1. The instant suit is filed by the Plaintiffs for protection of their intellectual property rights and seeking decree of permanent injunction in connection therewith, against the Defendants.

2. The Plaintiff no. 1 is a company incorporated in Switzerland, having registered office therein and the Plaintiff no. 2 is a company incorporated under Companies Act, 1956 having registered office at New Delhi. The Defendant No. 1 carries on business, being a partnership farm, at 68/26, Hari Pada Dutta Lane, Kolkata – 700033, outside the jurisdiction of this Court. Defendant no. 2 & 3 are the partners of Defendant no. 1. The Defendant no. 4 is a retailer of chocolates, chanachur and nuts and carries on business at N.B. 27A, S.S. Hoggy Market, Kolkata – 700087 within jurisdiction of this Court. Defendant no. 5 is a statutory board constituted under the provisions of Copyrights Act, 1957.

3. The Plaintiffs are engaged in manufacture and sales of an extensive range of food products such as cereals, milk and dietetic products, beverages including instant coffee, culinary products including pasta, noodles, sauces and others. “KITKAT” was launched in the United Kingdom i