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12. The word 'Mother Dairy' is a fanciful and arbitrary mark in relation to milk and milk products including interalia Ice creams and frozen desserts. This fact, coupled with the long and continuous user of the trademark 'Mother Dairy' by the Plaintiffs have resulted in vesting unto the Plaintiffs the exclusive rights over the use and exploitation of the said trademark.

13. Thus the Plaintiffs have the exclusive right to use the said trademarks under common law due to honest and prior adoption, long, continuous and extensive use as is spread geographically across the country and across several other countries of the world, extensive advertisement, marketing and promotional activities conducted under the said trademark and in respect of the products sold under the same. Apart from the common law rights the Plaintiffs for further protection of their trademark has also sought its registrations in various classes.