Gita Mittal, J.

1. This application has been filed by the plaintiffs under Order 39 Rules 1 and 2 of the Code of Civil Procedure praying for grant of an interlocutory injunction against the defendant restraining it from using the trademark JAMES or JAMES BOND or any other trademark deceptively or confusingly similar to the plaintiffs registered trademark Gems or using the pillow packs attached as annexure A to the plaint. The plaintiff has also prayed that a further injunction against the defendant restraining him from passing off its goods of the plaintiff, by reproducing in any material form, the copyright in the artistic work of the pillow packs annexed as annexure A to the plaint.

2. The suit has been filed by the plaintiff on the allegations that the Cadbury India Limited, plaintiff No. 1 began its operation as a trading company in the year 1947. The plaintiff No. 1 was formerly known as Hindustan Cocoa Products Limited by which name it was granted trademark registrations. The plaintiff No. 2 licensed certain trademarks to the plaintiff No. 1 by an agreement dated 25th January, 1994 and filed an application for recording the assignment with the trademark registry on 1