JUDGMENT :

DEBANGSU BASAK, J.

1. In a suit for infringement of trademark and passing off the plaintiffs have sought interim protection by way of the present application.

2. Learned advocate appearing for the plaintiffs has submitted that, the plaintiff No. 1 is a registered proprietor of various “LUX” trademarks. The mark “LUX” had been adopted by the founder of the plaintiff No. 1 in the year 1957. The plaintiff No. 1 has also copyright over “LUX” label having certificate of registration dated August 8, 1972. The plaintiff No. 2 is a subsidiary of the plaintiff No. 1 and that the plaintiff No. 2 has been using the name “LUX” since 1995 as its corporate name. He has relied upon the photographs of the packaging of the products of the plaintiffs. According to him, the packaging of the plaintiffs is distinct.

3. Learned advocate appearing for the plaintiffs has submitted that, the plaintiffs have in total 22 registrations in India. He has referred to the sales figure and the advertisement and promotional expenses of the plaintiffs from the year 2008-2009 onwards. He has also referred to the sale invoices of the plaintiff from the year 1986 showing massive business and popularity of the tr