R.Jayasimha Babu, J: The appeals filed are against the judgment of the learned single Judge who has given the declaration that had been sought by the plaintiff Amrutanjan Limited against the appellants in O.S.A.No.364 of 1997 - Mehta Unani Pharmacy & Company and Mehta Unani Pharmacy & Company Private Limited, who were the defendants in that suit, that the claim made by the defendants that they are exclusive owners of the expression ‘Cold Rub’ is unjustifiable and has injuncted them permanently from threatening the plaintiff by issuing memos, circulars, advertisements or notices, directly or indirectly declaring that the expression ‘Cold Rub’ shall not be used by anyone.

2. The threat which the plaintiff had alleged to be groundless has been held out in the advertisement issued in ‘Times of India’ dated 6.9.1986 by the defendants in the suit. That notice titled ‘CAUTION NOTICE’, after referring to the fact that the defendants in the suit who were the owners of the registered trade mark ‘COLDRUB’ in respect of vapourising ointment have obtained ad interim injunction against M/s.Warner Hindustan Limited of UPPAL, Warangal Road, Hyderabad and M/s. Akin Laboratories Private Limited at H

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