JUDGMENT

Indermeet Kaur, J. The present suit has been filed by the plaintiffs against the defendants for permanent injunction restraining infringement of trademarks/trade dress, passing off, dilution of well-known trademark, delivery up and damages.

2. The Plaintiff No. 1, Ferrero SpA is a company incorporated under the laws of Italy and Plaintiff No. 2, Ferrero India Private Limited is the Indian subsidiary of Ferrero International which along with Ferrero SpA belongs to the Ferrero Group. The Plaintiff No. 1 is one of the 4 biggest confectionary producers worldwide and employs more than 22,000 people. The plaintiffs are the proprietors of various trademarks including FERRERO ROCHER, FERRERO ROCHER (trade-dress), NUTELLA, TIC TAC and KINDER amongst several others. The annual sales turnover of Ferrero Rocher is nearly one billion US Dollars. Plaintiff, registered under the trademark of FERRERO ROCHER (Word Mark) being Registration No. 802131 in the year 1998 in Class 30; also registered under the trademark of FERRERO ROCHER (Label with Praline Device), being Registration No. 1261994 in the year 2004 in Class 30 and also registered under the trademark of Praline Device in crushed