( 1 ) THE appellants are plaintiffs in the original suit (hereinafter referred to as plaintiffs ). Plaintiff No. 1 is a Corporation organised under the laws of New Jersey, U. S. A. Plaintiff No. 2 is a Company incorporated under the Companies Act, 1956. Plaintiffs trade mark is stayfree . The plaintiffs have brought a passing off action. According to the plaint, since June 1978 plaintiff No. 1 has permitted plaintiff No. 2 to use the said trade mark stayfree in respect of sanitary napkins manufactured by them and since then they have used the said mark in respect of sanitary napkins manufactured and marketed by them in India under a licence granted by plaintiff No. 1. The plaintiffs claim that the mark stayfree has acquired a wide reputation and goodwill in India and has come to be associated by the traders and members of public in India exclusively with the plaintiffs. Along with the plaint a statement showing sales figures of the goods sold under the mark STAYFREE in India from 1978 till Dec. 1985 has been filed. Another statement showing amounts spent on advertisements and publicity has also been filed. They claim that the mark stayfree has acquired a va