K. Ramamoorthy, J.

( 1 ) THE first plaintiff, the Procter and Gamble Company and the second plaintiff Procter and Gamble Godrej Limited have filed the suit for injunction on the ground that the defendants are passing off the trade mark of the plaintiffs SAFEGUARD . According to the first plaintiff the second plaintiff is licensed by the plaintiff to use the trade mark under the License Agreement dated 24th February, 1993,to market, sell and distribute the first plaintiff s products in India. About the reputation and goodwill of the first plaintiff in para 5 of the plaint the case is put forth like this :

"the plaintiffs portfolio of trademarks includes well-known marks such as SAFEGUARD, CAMAY, CREST, HEAD and SHOULDERS, PAMPERS, WHISPER, IVORY, ZEST, ARIEL, TIDE, ALWAYS, and several others. The plaintiff has spent millions of rupees on advertisement, sales promotional exercises and publicity compaigns in respect of its various goods bearing the different trademarks as aforesaid. This investment has earned the plaintiff lasting goodwill and reputations under the said trademarks, and is responsible to a large extent for the plaintiffs phenomenal sales turnover and the constant pop

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