Ramly Ali J:

[1] Enclosure 9 is an application for summary Judgment based on the cause of action for trade mark infringement pursuant to O 14 of the Rules of the High 1980 ("RHC").

[2] The plaintiff's in this case have instituted the present action for both trade mark infringement and passing off. However, the present application for summary Judgment is only limited to trade mark infringement.

[3] By way of summons-in-chambers (encl 9) the plaintiff's pray for the following orders:

(a) A permanent injunction to restrain the 1st, 2nd and 3rd Defendants, whether acting by themselves, their directors, employees, servants or agents, whether jointly or severally or any of them or otherwise howsoever from doing the following acts, that is to say:

(i) infringing the 2nd Plaintiff's Registered Trade Marks "ABERCROMBIE & FITCH" trade mark registration number 94/07752 in class 25 and "ABERCROMBIE" bearing trade mark registration number 00/002245 in class 25 (hereinafter shall be referred to as "the plaintiff's Registered Trade Marks") by the use thereof in the course of trade the trade marks "ABERCROMBIE & FITCH" and/or "ABERCROMBIE" and/or any other marks confusingly similar to the plaintiff's Registered Trade Marks; and

(ii) using in any way in the course of trade or business, on or in association with any articles of clothing, footwear and headgear the marks "ABERCROMBIE & FITCH" and/or "ABERCROMBIE" or any part or parts thereof or any word or design that is deceptively or confusingly similar to the marks "ABERCROMBIE & FITCH" and/or "ABERCROMBIE";

(b) a permanent injunction to restrain the 4th and 5th Defendants, whether acting by themselves, their servants or agents, companies controlled or owned by them, whether jointly or severally or any of them or otherwise howsoever from doing the following acts, that is to say:

(i) infringing the plaintiff's Registered Trade Marks by the use thereof in the course of trade the trade marks "ABERCROMBIE & FITCH" and "ABERCROMBIE" and/or any other marks confusingly similar to the plaintiff's Registered Trade Marks; and

(ii) using in any way in the course of trade or business, on or in association with articles of clothing, footwear, headgear the words "ABERCROMBIE & FITCH" and/or "ABERCROMBIE" and/or "A F" and/or "A. FITCH" or any part or parts thereof or any word or design that is deceptively or confusingly similar to the marks "ABERCROMBIE & FITCH" and/or "ABERCROMBIE";

(c) an order that all the defendants, whether acting by themselves, their servants or agents or any of them or otherwise howsoever, do deliver up and surrender to the plaintiff's solicitors, their servants or agents or any designated party, or at the plaintiff's option, destruction upon oath, of all goods, articles, papers, signboards, stationery and materials in the possession, power, custody or control of all the defendants, the use of which will offend against the foregoing injunctions or any of them, within seven days from the date of the Order;

(d) an order that all the defendants or any of them whether acting by themselves, their directors, officers, servants or agents or any of them, or otherwise howsoever within seven days from the date of the Order do effect a discovery upon oath by disclosing, listing, stating and verifying the same by affidavit the following information and documents:

(i) the exact whereabouts of all infringing articles of clothing, footwear or headgear (hereinafter shall be referred to as "Infringing Goods") which are in the power, possession, control or custody of the defendants whether in the course of transport or shipment to or from the defendants and which have yet to be surrendered pursuant to the delivery up Order herein;

(ii) to the best of the defendant's knowledge and belief:

- the names and addresses of all persons or companies who have infringed the plaintiff's Registered Trade Marks;

- the names and addresses of all persons or companies who have supplied or offered to supply the defendants or