Vipin Sanghi, J.

1. This suit, to claim permanent injunction against infringement of trademarks & passing off, delivery up, damages etc against the defendants, claiming infringement of plaintiffs’ trademarks MARLBORO and the ROOF Device (hereinafter referred to as suit trademarks), was originally filed by Philip Morris Products S.A. (hereinafter referred to as the original plaintiff no.1) and Philip Morris Services India S.A., plaintiff no.2 herein.

2. Original Plaintiff no.1, Philip Morris Products S.A., is a company duly organised and existing under the laws of Switzerland having its principal place of business in Switzerland. Plaintiff no. 2, Philip Morris Services India S.A., is an affiliate of original plaintiff no.1, having its registered office in New Delhi.

3. The plaintiffs claim that their affiliates around the world, collectively referred to as „PMI?, constitute a leading international tobacco company, with their products being sold in approximately 160 countries and at present, producing 7 of the top 20 bestselling global cigarette brands. They have 60 cigarette plants across the world and employ around eighty thousand people. Amongst the international brands of