( 1 ) THIS is an application filed by the plaintiffs under Order 39 Rule 1 and 2 Civil Procedure Code seeking grant of an ad-interim injunction preventing the defendants from passing off their goods as the plaintiffs , in breach of the plaintiff s trade mark "whirlpool".

( 2 ) THE suit was filed on 4. 8. 94. The plaintiffs application came up for consideration on 5. 8. 94. The counsel for the plaintiffs had pressed for the grant of an ad-interim injunction ex-parte. However, the defendants had entered in appearance and were willing to accept notice. Copies of the pleadings with documents were delivered to the defendants. The defendants filed their counter-affidavit and have joined in hearing which commenced on 8. 8. 94. The documents filed on behalf of the plaintiffs are voluminous preserved into several boxes. The defendants have filed a brief affidavit which only was possible in view of the short time available at their disposal. They have joined in hearing reserving their right to file detailed affidavits and documents contesting the plaintiffs prayer.

( 3 ) WHIRLPOOL Corporation, the plaintiff No. l is a multinational, incorporated in USA. TVS Whirlpool Ltd. , the plaintiff No. 2 is a limited company incorporated in India wherein the plaintiff NO. 1 has a majority shareholding. The plaintiff No. 2 has been licenced by the plaintiff No. l to use the trade mark and trade name Whirlpool.

( 4 ) THE defendants No. l and 2 are the trustees of a trust by the name of Chinar Trust. The defendants No. 3 and 4 are the trustees of a Trust by the name of Mansarovar Trust also trading as Usha-Shriram (India ). Usha International Ltd. , the defendant No,5 is a company incorporated under the Indians Companies Act. The defendants have registrations in respect of trade marks such as USHA, USHA-SHRIRAM and USHA LEXUS.

( 5 ) ACCORDING to the plaintiffs, they have established business in the manufacture, sale, distribution and servicing of washing machines of all kinds. The first plaintiff is the successor of a trade mark Whirlpool since 1937. Automatic washer was introduced in 1947. Thereafter the plaintiff No. l has carried out vigorous advertising and sale campaign publicising its products. By 1957 Whirlpool was a leading trademark and name in the United States and Canada in relation to washing machines. In the plaint narration has been made in details as to how the plaintiffs trade has expanded holding firm and firmer grounds day by day and year after year, making its headway to going global. The plaintiffs predecessor had obtained registration for the Whirlpool mark in the United States in the year 1937. By 1986 the Whirlpool was registered in relation to washing machins and dryers in class 7 as well as for appliances in classes 9 and 11 in more than 65 jurisdictions around the world including most commonwealth countries.

5. 1 In 1956-57, the first plaintiff obtained registration for the trade mark Whirlpool in India as under :- 318. htm

5. 2 The registrations were renewed at the due time. In 1977, the plaintiff did not have any distributor in India owing largely due to import restrictions and Govt. of India limitations regarding setting up a joint venture. The first plaintiff had given instructions for the renewal of registrations in Classes 7 and 11. However, the registrations were not renewed and rather lapsed. The reason assigned by the plaintiff is miscommunication invoviing outside trade mark counsel. IN 1980, the first plaintiff decided not to reapply under a mistaken impression, (as alleged), that the first plaintiff was not entitled to trade mark registration as it was not having any use in India which was necessary to apply for trade mark registration.

5. 3 In 1987, the first plaintiff formed a joint venture with the plaintiff No. 2. On 15th July, 1988, the plaintiffs moved several applications for registration with the Registrar of Trade Marks details whereof are given in plaint para 24. The applications other than