(1.) By this Notice of Motion, the Plaintiffs have sought relief against the Defendant restraining the Defendant from infringing and passing off the Plaintiff's registered trade mark "REGAL" by using impugned trade mark "REGAL" / "REGAL FOOTWEAR" upon and in relation to identical goods / services / footwear retail.
(2.) The Plaintiffs are the registered proprietor of the mark "REGAL" under the Trade Marks Act, 1999 having Registration No.284961 in Class 25 for footwear and Class 42 under Registration No.1278782 for "retailing of footwear, articles made of leather or imitation of leather, travelling bags, belts, socks, shoe polish, shoe brush, accessories of aforesaid goods, running shops / stores for sale of aforesaid goods".
(3.) A brief background of facts is necessary.