VIKRAMAJIT SEN, J.

1. On October 14, 2009, Learned Counsel for the Appellant in FAO(OS) 497/2008 had concluded arguments by making a statement to the effect that she has instructions to adopt the arguments addressed by Mr Rajiv Nayyar, Learned Senior Counsel appearing for the Appellant in FAO(OS) 484/2008. This Appeal has been filed by the Defendants who the learned Single Judge had restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in whisky or any other alcoholic beverages under the trademark Imperial Gold or the impugned label/trade dress pertaining thereto or any other trademark/label/trade dress as may be deceptively similar to the trademark of the Plaintiff/Respondent viz. IMPERIAL BLUE, IMPERIAL RED or ROYAL STAG.

2. The competing or offending products are whiskies belonging to the rival parties, which are bottled in the following styles, first front and second back:-

3. The Plaint describes the action as a suit for permanent injunction restraining infringement of registered trademark, copyright, passing off, dilution, unfair competition, rendition of accounts of profits , deliver-up etc. The Plaintiffs are indeed