1. Parties in this case are locked in an intense court battle over the exclusive right to use the name of one of the reigning deitys from amongst pantheon of Hindu Gods; not for any altruistic purpose but for pure commercial gains. Since the products in issue, in respect of which the impugned mark is being used are: ghee, milk products and dairy products, the God who has been invoked; and the name which would, in the litigants estimation, catch consumers imagination is “KRISHNA”. The plaintiff claims exclusivity over the word mark and label mark KRISHNA; which includes the attendant pictorial depiction.

2. It is pertinent to note at this stage that, when the suit was first moved alongwith an interlocutory application, by an order dated 25.01.2010, the defendant had been restrained by me from using the infringing mark KRISHNA or any other mark which was deceptively and confusingly similar to the plaintiffs mark. During the course of proceedings, the defendant placed before me an alternate representation to the one which is currently being used by the defendant. The label which the defendant proposes to use, as against the one which it is currently using, was