( 1 ) THIS is a suit tor : (i) permanent injunction restraining the defendants from using the trademark cibaca or any other trade mark containing ciba or the word cibaca or any other trade mark deceptively similar to the trade mark ciba or cibaca ; and (ii) rendition of accounts by the defendants to the plaintiffs for the profits made by them by the use of trade mark cibaca .

( 2 ) PLAINTIFF No. 1 is a Swiss Company and the second plaintift is an Indian Company duly incorporated under the Companies Act, 1956 in which the first plaintiffholds approximately 40 per cent of the equity share capital. The word ciba forms part of the corporate name of both the plaintiffs. As per the plaint,the first plaintiff is a registered proprietor of the trade marks ciba . cibaca and various other trade marks, in which the syllable is the word ciba . . in respect of various items falling in different classes. The second plaintiff is a licencee and user of various trade marks, possessed and owned by the first plaintiff in relation to goods manufactured in accordance with the specifications provided by the first plaintiff. The word cibaca was adopted by the plaintiffs a