( 1 ) THE plaintiffs instituted a suit in this court praying for a decree of declaration that the plaintiffs are exclusive owners and proprietors of the tooth brush designs `acqua FLEX and `acquafresh FLEX N DIRECT having foreign registrations. In the suit a decree for permanent injunction was also sought for preventing infringement of the tooth brush design registration of the plaintiffs by restraining defendants, their partners, servants and agents from manufacturing, selling or offering for sale tooth brushes bearing same designs which are identical with or deceptively similar to the tooth brush of the plaintiffs and also from restraining the defendants 1 and 2 jointly and severally from passing off their business and goods as those of the plaintiffs and also for payment of damages for a sum of Rs. 5,05,000. 00. Alongwith the aforesaid suit an application for temporary injunction was also filed seeking for an injunction restraining the defendants from making infringement to the said tooth brush design and from manufacturing, selling or offering for sale tooth brushes having designs which are identical with or deceptively similar to that of the plaintiffs.

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