( 1 ) THIS APPLICATION FILED BY THE PLAINTIFF UNDER order XXXIX RULE 1 and 2 READ WITH SECTION 151 OF THE CODE of CIVIL PROCEDURE, 1908 (IN SHORT THE `cpc ) SEEKS interim RELIEF RESTRAINING THE DEFENDANT FROM USING THE trademark ABSOLUTE OR ABSOLUT OR ANY OTHER MARK similarly DECEPTIVE WITH RESPECT TO MINERAL WATER, packaged DRINKING WATER, AERATED WATER OR ANY OTHER GOODS whatsoever.

( 2 ) THE SUM AND SUBSTANCE OF THE PLAINTIFF s CASE IS THAT IT MARKETS THE ALCOHOLIC BEVERAGE VODKA BY THE NAME of "absolut" WHICH WORD ACCORDING TO THE PLAINTIFF WAS coined IN THE YEAR 1879. ACCORDING TO THE PLAINTIFF, ITS mark "absolut" IS USED OUTSIDE SWEDEN SINCE 1979 AND thereafter BECAME A WORLDWIDE PRODUCT. SINCE 1998 THE "absolut" VODKA HAS BEEN SELLING IN THIS COUNTRY, I. E. , india IN THE DUTY FREE SHOPS AND IN NOVEMBER, 2003 "absolut" VODKA WAS ALSO MARKETED IN THE INDIAN OPEN market ATTRACTING MEDIA ATTENTION. THE ABSOLUT MARK IS registered IN INDIA ON 16th MAY, 1986 IN CLASS 33. IT IS also SUBMITTED THAT IN MANY COUNTRIES THE PLAINTIFF s mark "absolut" WAS REGISTERED FOR MINERAL WATER AND aerated WATER. THE PLAINTIFF HAS MOVED AN APPLICATION for REGISTRATION OF ITS MARK "absol