VIBHU BAKHRU, J.

Introduction

1. This is an action for infringement and passing off in respect of the plaintiffs” trademark “REYNOLDS” and other sub-trademarks used in conjunction with or in association with the trademark REYNOLDS (hereafter the “RENYOLDS Trademarks”). The plaintiffs, inter alia, claim that the use of the trademark “RORITO” by the defendant in respect of writing instruments manufactured by it constitutes passing off. They allege that the defendant has represented the trademark “RORITO” as the changed name of the trademark “REYNOLDS”.

2. The defendant was using the trademark “REYNOLDS” in respect of writing instruments and other stationery products manufactured by it, since 1986, pursuant to a licence granted to it. Last such license was granted to the defendant in terms of the License Agreement dated 09.04.2010 (hereafter “the License Agreement”). The said license was terminable by the defendant by giving six months prior notice, which it did by a letter dated 01.09.2015. Accordingly, the License Agreement stood terminated with effect from 01.03.2016. Th