( 1 ) PLAINTIFF No. 1 is a subsidiary of Pepsico India Holdings Limited which in turn is a subsidiary of plaintiff No. 2 Pepsico Inc. , a Corporation existing under the laws of the United States of America. Plaintiff No. I is engaged in the manufacture and sale of a variety of snack products including potato chips. With a view to promoting its snack food products plaintiff No. 1 launched a promotional compaign by giving free collectibles in the form of round discs with or without grooves with each packet of its Lays and Chectos chips. Though it is alleged in the plaint that this promotional compaign for promotion of the snack food products of the plaintiffs is prevalent in several countries in the world since 1992-93, in India the compaign was launched in or about September, 1998.

( 2 ) DEFENDANT No. 2 is also a leading manufacturer of potato chips being marketed under the name and style of "uncle Chipps". In order to boost the sale of its products defendant No. 2 in March, 1999 also started its promotional programme by distributing free collectibles in the form of round discs. While the discs being distributed by the plaintiffs were known as TAZO, defendant No. 2