Pinaki Chandra Ghose, J. - (1.) The petitioner has filed this application inter alia for an injunction restraining the defendant Nos. 1, 2 and 3 from carrying on business in the name and style of Kitkat Food Products or in any other name or style bearing the words "KIT KAT" or in any name or style bearing any word or words either deceptively similar to or identical therewith and further order of injunction be made restraining the defendant Nos. 1, 2 and 3 either by themselves, or through their men, servants or agents from either manufacturing or marketing any product including confectionery items, chocolate, cereals, preparations made from cereals and snacks under the brand name "KIT KAT" and further to disclose particulars of all sales made by them of products under the brand name "KIT KAT". Facts of the case briefly are as follows:-
(2.) The petitioner No. 1 is the registered owner of the trade mark and trade name "KITKAT". According to the petitioner, the said trade mark and trade name is as such the executive property of the petitioner No. 1. The petitioner No. 2 is the licensee of the said trade mark and in India.
(3.) According to the petitioner, the defendant No. 1 is carrying on business in a trade name which is exclusive property of the petitioner No. 1. The defendant Nos. 1 to 3 are manufactui ing and selling chanachur and nuts under the brand name "KITKAT", being the registered trade mark of the petitioner No. 1 and the defendant No. 4 carries on business as a retailer of both chocolates and chanachur and nuts within the jurisdiction of this High Court.;