S. RAVINDRA BHAT, J.

1. This is an appeal against the judgment dated 05.09.2012 of a Learned Single Judge of this Court, whereby CS(OS) No. 812/1997 (hereafter “the suit”) filed by Exide India/ the first plaintiff (hereafter called “the plaintiff” or “Exide India”) against the Appellants, - (hereafter referred to as “the defendant” or “Exide US”), was decreed and Exide US’s counterclaim was dismissed. The impugned judgment held:

(a) Exide India is the registered proprietor of the trademark "EXIDE”;

(b) Exide India is also the prior user of the trademark in India and, therefore, owner of the trademark “EXIDE’ in India inasmuch as Exide US failed to plead and prove existence of special circumstances.

(c) Exide US- the first two defendants were injuncted from selling their goods using their trade name with the trademark “EXIDE” of Exide India or any other name/mark deceptively similar thereto.

2. The brief facts of the case are that the first defendant, Exide Technologies (earlier known as Exide Corporation USA), claims to be one of the largest manufacturers of automotive batteries in the world and the global owner of the mark EXIDE in at least 130 countries. The second defendant