ANIRUDDHA BOSE, J.

(1) This reference arises out of an appeal in a suit for infringement and passing off of the trade mark SONY. The plaintiffs in the suit (Title Suit No. 129 of 1997) instituted before the learned District Judge, Alipore, 24-Parganas (South) are Sony Kabushiki Kaisha, a company organised under the laws of Japan (who are also known as Sony Corporation). In the suit, they alleged violation of their trade mark rights in respect of the trade mark SONY by the defendants/respondents. The appellants being the plaintiffs in the suit, claim to be a multinational company engaged primarily in the business of manufacture and sale of diverse range of goods including video and audio equipments, televisions and other electronic goods under the trade mark SONY. The complain against the respondents is that they were applying the same trade mark on their products, being hosiery goods, briefs and underwear, without the authorisation or consent of the appellants. In connection with this suit, an application for interim injunction was taken out by the appellants before the trial court, seeking restraint order on use of the mark SONY by the respondents. Such prayer was reject