VALMIKI J. MEHTA, J

1. The present appeal has been filed with a prayer to set aside the order passed by the learned Single Judge of this court on 23.4.2010 disposing of an application for injunction filed by the appellant/plaintiff in a suit for infringement of trademark, passing off, dilution etc., and by which order the learned Single Judge dismissed the injunction application of the plaintiff. By the impugned order, the learned Single Judge also allowed the application of the respondent/defendant for vacation of the injunction and vacated the ex parte interim order dated 28.8.2009. By the impugned order the learned Single judge has held that no case for infringement is made out on account of the use of the expression “LOW ABSORB” by the respondent-defendant which was alleged to be deceptively similar to the registered trademarks “LOSORB” and “LO-SORB” of the appellant-plaintiff. The learned Single Judge also held that use of the expression “LOW ABSORB” by the defendant will not amount to passing off although the plaintiff also claimed a right in the unregistered trademark “LOW ABSORB”.

2. The relevant facts of the case are that appellant-plaintiff got registered the