V.K. JAIN, J

1. This is a suit for permanent injunction, rendition of accounts, damages and delivery up of the infringing material. The plaintiff is a fortune 500 company, having business operations in 80 countries, dealing in a large number of products and employing 1,38,000/- persons. The plaintiff company is also engaged in the business of manufacturing and selling skin care and personal cleansing products, including anti-aging moisturizer under the trademark OLAY. The plaintiff company is also using the trademarks OLAY TOTAL EFFECTS and TOTAL EFFECTS in respect of anti-aging products. The plaintiff holds registration in respect of trademark OLAY TOTAL EFFECTS in Class 3 of Schedule 4 of Trademarks Act, 1999 in respect of Foundation, Make-up Base, Skin Moisturizing Cream, Lotions and Gels, Skin Whitening Preparations, Facial and Skin Masks, Skin Tonners, Cleansers and Astringents, Eye Masks, Eye Gel Patch, Eye Creams, Lotions and Gels, Skin and Body Massage Creams, Soaps (excluding soaps for fabric use), Perfumeries, Essential Oils, Dentifrices, Shampoo, Conditioners, Hair Styling Preparations, Hair Care Preparations and Hair Colouring Preparations. It also holds regist