( 1 ) THIS application under Order 39 Rules 1 and 2 of the Codeof Civil Procedure has been filed by the plaitniff-company for the grant ofinterim injunction in a suit for perpetual injunction against the respondent torestrain it from infringing the applicant s registered trade mark "now" andfrom passing of its goods as those of the applicants as well as for rendition of accounts.

( 2 ) THE plaintiff is an American Company and is the registered proprietorof trade mark "now" in nearly 80 countries of the world including India. Itis alleged in the plaint as also in the application that the trade mark is usedby the plaintiff in relation to cigarettes made by it and sold in a large numberof the countries in the world. As far as the manufacture and sale of cigaretteis concerned, it is sold in various countries but not in India. The plaintiff hasgiven details of its sales and publicity expenses in the plaint. According to thefigures mentioned, the sales are worth millions of dollars and the expenses ofadvertisement also run into lacs of dollars. It is further stated that in January,1986, the plaintiff learnt through their Hong Kong Office that the defendant badintroduced in Ind