An interlocutory injunction requires a serious question to be tried and cannot be granted if damages provide an adequate remedy and the balance of convenience favors the defendant.

[1] Enclosure 9 is an application by the Plaintiff pursuant to O 29 r 1(2),O 11 r 9(4) and O 3 r 5 of the Rules of the High (RHC) for the following Orders:-

Against the 1^st Defendant

(i) an order that the 1^st Defendant be restrained, whether by itself and/or by its directors and/or officers and/or employees and/or servants and/or agents or any of them howsoever from supplying, distributing, selling or offering for sale, pet food products bearing the 'Royal Canin' trademark ("Products") in Malaysia and Brunei to anyone other than the Plaintiff;

(ii) an order that the 1^st Defendant be restrained whether by itself and/or by its directors and/or officers and/or employees and/or servants and/or agents or any of them howsoever from causing, enabling, facilitating, abetting or assisting anyone other than the Plaintiff, to supply, distribute, sell or offer for sale the products in Malaysia and Brunei;

(iii) an order that the 1^st Defendant be restrained, whether by itself and/or by its directors and/or officers and/or employees and/or servants and/or agents or any of them howsoever from contacting the Plaintiff's existing customers, whether verbally, in writing or by any other means of communication;

(iv) an order that the 1^st Defendant be restrained whether by itself and/or by its directors and/or officers and/or employees and/or servants and/or agents or any of them howsoever from inducing or procuring breaches or unlawfully interfering in contracts between the Plaintiff and its clients and/or customers;

AND

(v) Leave to be given to the Plaintiff under O 11 r 9(4) of the Rules of the High 1980 to serve the Order for Interlocutory out of the jurisdiction upon the 1^st Defendant at:-

BP4, 650 Avenue de la Petite

Camargue, F-30470

Aimargues, France

or elsewhere as it may be found in France;

(vi) an extension of time of 14 days from the last date in which the Order remains valid to be served pursuant to O 29 r 1(2BA) RHC 1980, for the Plaintiff to serve the Order for Interlocutory Injunction out of the jurisdiction to the 1^st Defendant;

(vii) an extension of time of 14 days from the date on which the Order for Interlocutory Injunction is due to lapse pursuant to O 29 r 1(2BA) RHC 1980;

(viii) a date for the inter partes hearing with the 1^st Defendant to be fixed after service of the Order for Interlocutory Injunction upon the 1^st Defendant;

Against the 2^nd Defendant

(ix) an order that the 2^nd Defendant be restrained, whether by itself and/or by its directors and/or officers and/or employees and/or servants and/or agents or any of them howsoever from supplying, distributing, selling or offering for sale the pet food products bearing the 'Royal Canin' trademark ("Products"), in Malaysia and Brunei to anyone other than the Plaintiff;

(x) an order that the 2^nd Defendant be restrained whether by itself and/or by its directors and/or officers and/or employees and/or servants and/or agents or any of them howsoever from causing, enabling, facilitating, abetting or assisting anyone other than the Plaintiff, to supply, distribute, sell or offer for sale the Products in Malaysia and Brunei;

(xi) an order that the 2^nd Defendant be restrained, whether by itself and/or by its directors and/or officers and/or employees and/or servants and/or agents or any of them howsoever from contacting the Plaintiff's existing customers, whether verbally, in writing or by any other means of communication;

(xii) an order that the 2^nd Defendant be restrained whether by itself and/or by its directors and/or officers and/or employees and/or servants and/or agents or any of them howsoever from inducing or procuring breaches or unlawfully interfering in contrac