Facts:

• M/S. S. Oliver Bernd Freier GmbH & Co.KG (Plaintiff), a German company, registered "s.Oliver" (word per se) in India in class 25 for clothing since 1989. The claimed period of usage was from 1975.
• The Plaintiff's "S. Oliver" trademark was registered globally for a wide range of goods. It had pending registration in several countries. The trademark was an integral part of the plaintiff's email (info@s.oliver.de) and website (www.s.oliver.de).
• The Plaintiff's goods and business under the mentioned trademark, trade name, and domain name had gained global recognition, a strong reputation, and significant sales turnover.
• M/S Rasul Exports (Defendant) was in the manufacturing and trading of clothing, including ready-made garments like shirts (referred to as "impugned goods and business") with the trademark "OLIVE" that was identical with and/or deceptively similar to “s.Oliver” Plaintiff’s mark.
• Plaintiff issued a cease-and-desist notice on 29.04.2006, directing the Defendants to cease their adoption and use. In response, dated 27.05.2006, when the Defendants refused to discontinue using the mark, the Plaintiff filed the suit seeking a permanent injunction, restraining infringement, passing off, rendition of accounts, etc. against the Defendant.
  

Main Issue:

Whether infringement was committed by the Defendant by using the mark ‘Olive’?