The judgment establishes the importance of transborder reputation and the protection of services under the trademark law in granting injunctions for trademark infringement.

( 1 ) THIS order shall dispose off IA No. 341/2000 being the plaintiff s application for the issuance of ex-parte ad interim injunction under Rules 1 and 2 of Order XXXIX and I. A. 342/ 2000 filed by the plaintiff under Order XXVI Rule 9 and IA 2310/2000 which is the corresponding application of the defendants filed under Rule 4 of the same Order. At the first hearing the following order had been passed:

"13/1/2000 present: Mr. P. Chidambram, Sr. Advocate with Mr. Rajendra Kumar and Ms. Meghna Mishra for the plaintiff. S. No. 72/2000: let the plaint be registered. Issue summons to defendants both by ordinary process as well as registered A. D. posts on plaintiffs filing process fee and registered A. D. covers, returnable on 24/3/2000. I. A. No. 341/2000: notice returnable on 24/3/2000. I have perused the petition and the documents filed alongwith it. Mr. Chidambram, learned Sr. Counsel appearing for the plaintiff has submitted that the plaintiff had already obtained registration for its name and logo in 70 countries world wide and approximately 100 in number are also pending consideration. The plaintiff has 37 restaurants world wide and is planning the opening of further restaurants throughout the globe, and particularly in India. The plaintiff has advertised in. the leading and premier magazines and newspapers. He has further disclosed, that the revenues/ sales in 1997 were US$ 108 million and in 1998 were US$ 213 million. Because of its success, largely because of its particular unusual and novel name and the ambience and decor of its outlets, its shares are quoted on the New York Stock Exchange. It has its own web-site. Consequent to its phenomenal progress, the plaintiff has been receiving trade inquiries from all corners of world, some of which have been mentioned in the list filed before this Court. The defendant is stated to have opened restaurant rainforest CAFE masquerading as one of the outlets of the plaintiff. The defendant has copied the plaintiffs name, as also tagline of a WILD PLACE TO EAT . There is a certainty that, because of the shoddy manner in which the restaurant is presently running, irreparable injury will be caused to the reputation and goodwill of the plaintiff world wide, and will also have adverse ramification on the impending enquiries for its franchise in New Delhi as well as other parts of the India. I am satisfied that prima facie case has been established for the grant of the ex-parte ad interim injunction prayed for. The balance of convenience is in favour of the plaintiff and it is likely to suffer irreparable injury if the defendant continues to run its restaurant under its present name and style which is a poor but blind copy of the plaintiff s Cafes world wide. Accordingly, till the next date of hearing the defendants both jointly and severally, their directors, officers, partners, servants, agents, representatives and those acting in concert with them or otherwise are restrained, from operating their restaurant business, products and services under or by reference to the trade mark RAINFOREST cafe and/or the RAINFOREST CAFE logo or any other trade mark and logo as to be likely to deceive or cause confusion and from in any other manner passing off or attempting to pass off or causing, enabling or assisting others to pass off such restaurant business, products and services not being the applicant s products or services or connected with the applicant s as or for the products or services of the applicant. The defendants both jointly and severally, their directors, officers, partners, servants, agents, representatives and those acting in concert with them or otherwise howsoever are further restrained from using upon or in relation to their restaurant business the impugned RAINFOREST CAFE logo or any other logo mark, so nearly resembling the applicant s RAINFOREST CAFE logo, thereby constituting an infringement of the applicant s valuable copyright in- the RAINFOREST CAFE log