S. Muralidhar, J.

1.This appeal is directed against the impugned judgment and order dated 25th April, 2008 passed by the learned single Judge rejecting I.A. No. 780/2007 filed by the appellant seeking an ad interim injunction against the Defendant infringing and passing off its registered trademark „TUFF and „TUFF LABEL.

2. The parties are referred to by their status in the suit, i.e. the Appellant is referred to as the Plaintiff and the Respondent as the Defendant.

3. The Plaintiff states that it adopted the trademarks „TUFF and „TUFF LABEL on 1st June 1996 in relation to nuts, bolts, screws and studs. Its application for registration of the mark „TUFF in Class-6 goods was made on 11th February 1998, advertized in the Trademarks Journal No. MEGA-1 on 25th August, 2003 and Registration (under No. 791109) was granted in respect of the mark „TUFF on 14th May, 2004 effective 11th February 1998. The Plaintiffs application for registration of the mark „TUFF LABEL was advertised in the Trade Marks Journal No. 1328 Suppl. (5) dated 30th March 2005 and granted registration (under No. 1073841) in Class 6 goods on 19th September 2005 effective 15th January 2002. The Plaintiff ass