VIKRAMAJIT SEN, J.

( 1 ) THESE Orders shall dispose of the Plaintiff's application under Order xxxix Rules 1 and 2 read with Section 151 of the Code of Civil Procedure seeking an interim injunction restraining the Defendants from using the trademark/title kabhi Alvida Naa Kehna (hereinafter referred to as 'kank') and from making any adverse statements against the Plaintiff. The application has been filed in this Suit for permanent injunction; for rendition of accounts of profits earned by the Defendants under the impugned trademark/title; and for a decree directing the Defendants to deliver-up all material pertaining to the impugned trademark/title for the purpose of destruction.

( 2 ) THE Plaintiff asserts that he had applied for registration of the trademark/title KANK on 17. 5. 2005 under the Trade Marks Act in Class 41. The registrar had ordered its advertising on 20th June, 2005, which occurred on the journal dated February 15, 2006. Thereafter, on 23. 6. 2005 the Mahoorat of the film had taken place in the presence of Ms. Aruna Irani. It is submitted that the Plaintiff commenced Production. At the time of arguments it has been conceded by learned counsel for the Plaintiff t