( 1 ) THE plaintiff Mars, Incorporated is a company organised and existing under the laws of the State of delaware, USA having its principal place of business at 6885, Elm Street, Mclean, Virginia 22101-3883. United states of America. Mr. Debjit Gupta is the constituted attorney of the plaintiff duly authorised to sign and verify the plaint and institute the suit on its behalf.

( 2 ) THE plaintiff is an internationally renewed manufacturer and a world leader inter alia in confectionery items ice-creams and choclates and is the registered proprietor of the trade mark milky WAY in india, the particulars of which are as follows:-

MILKY WAY 3686 30 19/8/1942 Chocolate and sweetmeats milky WAY 400610 30 27/1/1983 Confectionery biscuits and chocolates

( 3 ) THE said registrations have been renewed from time to time and are subsisting as of date. In addition, the plaintiff has also applied in Class 30 for registration of the trademark MILKY MAY (word) under application No. 617954 dated 28/1/1994 and for the trademark MILKY WAY represented in colour in a stylized script under application No. 633219 dated 7/7/1994. Both the said applications are pending.

( 4 ) IT is, averred tha