Parties are referred to their original status.

2. Present appeal is presented by the plaintiff against the order passed below Exh. 9 in Civil Suit No. 03/2016 by the learned District Judge-1, Aurangabad on 13-7-2017.

3. The plaintiff filed suit for perpetual injunction restraining infringement of trademark and passing-off, damages etc., in which he has also applied for temporary injunction. The brief facts may be stated as follows.

4. The plaintiff, Mayo Foundation for Medical Education and Research, is a charitable organization incorporated under the law of United States of America. The plaintiff’s Mayo Clinic is a leading internationally known medical center recognized for inter alia providing the highest quality medical care through the physician-led-team of diverse people involved providing clinical, educational, diagnostic and research services in a unified multi-campus system.

5. Plaintiff is doing its activities under the name/trade styled as “MAYO”, “MAYO CLINIC”, ‘the Triple Shield Design’ and MAYO formative trademarks are used as part of the plaintiff’s trade name and style as well as its trademarks. The trademark “MAYO” also form a key part of the domain name as pl