JUDGMENT :

The hearing has been conducted through video conferencing.

CS(COMM) 341/2020 & IA No. 7294/2020 (u/O XXXIX R 1 & 2 r/w Sec. 151 CPC by the plaintiffs); I.A. 7799/2020 (u/O 39 R 4 r/w Sec. 151 CPC by the defendants); I.A. 11593/2020 (by defendants) & IA No. 8744/2021 (u/O 1 R 10(2) r/w Sec. 151 CPC)

1. Plaintiffs have filed the present suit, inter alia, for permanent injunction restraining infringement of trade mark, passing off, dilution, unfair competition, misrepresentation, damages, rendition of accounts, delivery up, etc. against the defendants.

2. Pertinently, plaintiff No.1- N.V. Nutricia is a company incorporated under the laws of The Netherlands. Plaintiff No.2, Nutricia International Private Limited, is a wholly owned subsidiary of the plaintiff No.1. The trade mark ‘NUTRICIA’ has been used in association with the products of plaintiff No.1, both as a brand as well as the trade/corporate name.

3. According to plaintiffs, the trade mark ‘NUTRICIA’ was coined, conceived and adopted by plaintiff No.1 in the year 1901 and has since been extensively used by the plaintiff No.1 as a brand as well as the dominant and operative part of its corporate name. Over the years, as t