JUDGMENT

M. Jagannadha Rao.-Leave granted.

2. In trade mark cases, the tension is between protectionism on the one hand and allowing competition on the other. In the late nineteenth century where law was regarded as a science, the legal formalists laid down principles and legal rules, treating trade mark as property . In the beginning of this century, legal realists laid emphasis on pragmatic considerations of economic policies and "real world results" and the likelihood of confusion . Of late, the tension between protectionism and competition has increased. (See Vol. 59 Law and Contemporary Problems, 1996, No. 2 P.5 at p. 14) (A Personal) Note on Trade Mark etc. by Milton Handler).

3. This is a plaintiff s appeal against the judgment of the Gujarat High Court in A.F.O. No. 203 of 1999 dated 24.8.1999, by which the High Court of Gujarat allowed the appeal preferred by the respondent-defendant and set aside the temporary injunction which was initially granted on 25.2.99 and which was confirmed on 23.3.99. The injunction was sought by the appellant to restrain the respondent from using the word PICNIC as it allegedly amounted to infringement of the appellants registered trade mark f