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2. Brief facts to comprehend the disputes between the parties are that plaintiffs filed the suit for permanent injunction seeking restraint of infringement of their trade mark and passing off of his products by the defendant as that of plaintiff contending that plaintiff No. 1, Astrazeneca U.K. Limited, is a company constituted under the laws of England having its registered office at London which was formed as a result of the merger of two world renowned pharmaceutical groups, namely, Astra AB incorporated in Sweden and its subsidiary Zeneca Ltd. incorporated in the United Kingdom. It was asserted that pursuant to merger of Astra AB and Zeneca, plaintiff No. 1 became the assignee of registered trade mark 'MERONEM' bearing registration No. 532328 in class 5 in India from Zeneca Limited. Zeneca Ltd. had obtained the registration in its name on 27th June, 1990 which is valid and subsisting till 26th June, 2014 and this was assigned by Zeneca Limited in favor of plaintiff No. 1 by deed of assignment dated 4th January, 2000. It was further stated that another deed of assignment dated 9th August, 2000 was executed by Zeneca Limited to facilitate formal registration of the assignment of several of Zeneca's trade marks including 'MERONEM' and this assignment deed dated 9th August, 2000 along with form TM 24 was lodged with the Registrar of trade mark by letter dated 28th March, 2001 and the application is pending with the trade mark Registry, Bombay. The plaintiff No. 1 thus claimed all the rights in respect of registered trade mark 'MERONEM' until 26th June, 2014. Plaintiff No. 2, AstraZeneca Pharma India Limited, is stated to be a company incorporated in India which entered into a license agreement dated 1st March, 2002 with plaintiff No. 1 to use the trade mark 'MERONEM'.

33. Whether the plaintiff No. 1 is the assignee of the trade mark and its registered proprietor. The plaintiff first contended that Astrazeneca U.K. Limited, is a company constituted under the laws of England having its registered office at London which was formed as a result of the merger of two world renowned pharmaceutical groups, namely, Astra AB incorporated in Sweden and its subsidiary Zeneca Ltd. incorporated in the United Kingdom. Pursuant to merger of Astra AB and Zeneca, plaintiff No. 1 became the assignee of registered trade mark 'MERONEM' bearing registration No. 532328 in class 5 in India from Zeneca Limited. Zeneca Ltd. had obtained the registration in its name on 27th June, 1990 which is valid and subsisting till 26th June, 2014 and this was assigned by Zeneca Limited in favor of plaintiff No. 1 by deed of assignment dated 4th January, 2000. Another deed of assignment dated 9th August, 2000 was also stated to be executed by Zeneca Limited to facilitate formal registration of the assignment of several of Zeneca's trade marks including 'MERONEM' and this assignment deed dated 9th August, 2000 along with form TM 24 was lodged with the Registrar of trade mark by letter dated 28th March, 2001 and the application is pending with the trade mark Registry, Bombay.