1. M/s.Beiersdorf AG, the plaintiff is the registered proprietor of the mark NIVEA under Class 3, toiletries, under the Trade Marks Act, 1958 (hereinafter referred to as the Act, for short). Defendant no.-2 M/s. Nivea International is a partnership firm and Mr.Ajay Sukhwani, defendant no.1 is one of its partners. It is engaged in the business of educational consultancy and allied services. The plaintiff has filed the present suit for passing off and restraining the defendants from using mark/word NIVEA as a trademark/trade name or as a part of trading style and also from operating a website with the domain name www.niveainternational.com.

2. On the basis of the pleadings and documents filed by the parties, the following issues were framed on 8th November, 2005 :- (i) Whether the plaintiff is the proprietor of the trademark NIVEA and is entitled to protect the said trademark in respect of different goods/services (ii) Whether the trademark NIVEA is a well known trademark of the plaintiff (iii) Whether by use by the defendant of the trademark/tradename NIVEA as well as the website over the internet bearing the name www.niveainternational.com the defendant is passing