The appellants (collectively referred to by the court as "Nestlé") and the first two respondents (collectively referred to as "Iffco") were international competitors in the sale of chocolates. They were embroiled in a dispute about the physical shape as well as the name of a chocolate bar marketed and sold by Iffco. Nestlé alleged that these attributes of Iffco's "Break" chocolate bar, infringed trademarks held by Nestlé in the "Kit Kat" chocolate bar, marketed and sold by it. It also alleged that those attributes resulted in the passing off of Iffco's chocolate bar for that of Nestlé. Seeking interdictory relief based upon trademark infringement and passing off, Nestlé approached the High Court. Its application was, however, dismissed. If it was equally unsuccessful in its attempt, brought by way of a counter­application before the court a quo, to expunge certain shape trademarks held by Nestlé in its KitKat chocolate bar, as well as an application to review the registration of those shape trademarks. Each party obtained leave to appeal to the present Court