8] There is, however, one aspect of the matter in respect of which we do not intend expressing any opinion at this stage in this notice of motion. Mr.Dhond, the learned Senior Counsel appearing for the appellants stated that this notice of motion has been filed out of abundant caution, although, there is in law, no restraint against the appellant, using its marks, in view of the same having now been registered under class 42. As we noted earlier, the Division Bench of this Court observed that the order of the Madras High Court did not stay the effect of the Registration granted by the order of the IPAB in respect of the appellants' marks under class 42. Mr.Dhond submitted that the appellants and the respondents' marks having been registered, an injunction against infringement cannot be granted. He in fact submitted that the impugned order also only restrains the appellants from infringing the respondents' marks. In view of the appellants' marks now having been registered, the question of infringement does not arise and, therefore, if the appellants were to use the marks, it could not be said to have committed a breach of the impugned order.
