( 1 ) I have heard arguments in detail for deciding these two applications, one filed by the plaintiff seeking grant of ihterim injunction till the disposal of the suit and the other filed by the defendant for vacation of exparte injunction order granted by this court on July 11, 1994.

( 2 ) DUE to devastating pollution and uncontrolled exploitation of the natural resources made available to human being on this planet, the plaintiff organization came up with the keen object of conservation of natural environment, various species of plants and animals which were on the verge of extinction or are being endangered with the massive growth of human world popu lation. It had global representation of 23 affiliate and 5 associate national organizations and it interacts with various Government departments dealing with such subjects and particularly it works in close harmony with World Conservation Union.

( 3 ) IT is averred in the plaint that WWF International-plaintiff is involved in more than 11000 Conservation Projects spread out in 130 countries. In order to raise funds all over the world for carrying out its conservation objects the plaintiff has been selling various range of products of different material all over the world including India. The plaintiff is stated to have, through its affiliate WWF of India had opened a shop operating in India at New Delhi for selling paper, products, nature educational material among other camping material including audio visual presentation. It is averred in the plaint that the plaintiff is the owner and holder of the world copyright in respect of panda device and in India the word panda and the device of panda separately stand registered in various classes of goods in the name of the plaintiff. The plaintiff has given particulars of such registration in para 7 of the plaint and in para 5 of the replication. It is claimed by the plaintiff that on account of its philanthropic activities logo of WWF with device of panda has achieved a worldwide reputation and logo/mark/name WWF PANDA device associated with the plaintiff is known globaly with the goods/services which they are providing to various beneficiaries in a number of countries world over including India. It is pleaded that the name/logo/mark panda with PANDA artistic device is known all over the world and has achieved the goodwill and unique reputation and the same being looked upon with respect and regard all over the world including India.

( 4 ) IT is further pleaded in the plaint that since its year of inception in September 1961 the plaintiff s activities had increased and it has invested US Dollars 525 millions and its activities have increased manifold in 130 countries all over the world. Plaintiff is stated to be having income from the royalties by licensing its logo panda and other trademark in world over since 1987. It was pleaded that Sir Peter Scot who was Vice President of IUCN and later on its Chairman had conceived artistic work, namely, drawing representing panda and assigned its artistic work to WWF International vide deed dated May 20, 1973 and the symbol/logo of PANDA was conceived and adopted to show its major cause and concern over immediate conservation of endangered life of great giant Panda of of Republic of China and at the same time for strong recognizable symbol world over in all language barriers and thus, furry giant black and white animal Chi-Chi who was kept in London Zoo and her appealing black patched eyes logo /. symbol stand as a symbol for conservation movement as a whole. Plaintiff, thus, claims exclusive right to reproduce the said artistic features of such design.

( 5 ) IT is averred that the defendant has adopted and used identical name and trade mark panda and similar type of PANDA artistic device in respect of the threads manufactured and marketed by it. It is averred that by adopting the said trade mark panda with PANDA artistic device the defendant has infringed th