JUDGMENT

J.S. Verma, J.-This appeal by way of special leave is by the defendants against whom a temporary injunction was granted by the learned Single Judge of the Delhi High Court. In an Original Suit by order dated 31st October, 1994, which has been affirmed on appeal by the Division Bench by its order dated 21.4.1995. The suit is a passing off action brought by the plaintiff-respondents to restrain the defendant appellants from manufacturing, selling, advertising or in any way using the trade mark WHIRLPOOL in any other trade mark deceptively or confusingly similar to the trade mark of WHIRLPOOL in respect of their goods. The subject matter of this appeal is the manufacture, sale and advertisement of washing machines by the defendants-appellants using the mark WHIRLPOOL as a part of the name by which they had recently commenced marketing the washing machines manufactured by them. In short, the claim of the plaintiff-respondents is based on prior user of the mark WHIRLPOOL and a trans-border reputation indicating that any goods marketed with the use of the mark WHIRLPOOL gives the impression of it being a goods marketed by the plaintiffs; and the washing machines manufac