PRADEEP NANDRAJOG, J.

1. Vide impugned order dated 19.1.2011, while restraining the defendant/respondent from selling “Ghee” using the trademark “KRISHNA” but permitting sale with the label having words PARUL’S and LORD i.e. to read “PARUL’S LORD KRISHNA” ; all 3 words having same font and prominence and not that the words “PARUL’S” and “LORD” having a font so small that only the word “KRISHNA” catches (the eye due to its prominence), application filed by the appellant/plaintiff for interim injunction pending disposal of the suit has been disposed of by the learned Single Judge.

2. The appellant asserts that it has been in the business of manufacture and sale of ghee, milk and milk products since the year 1992 and sales have risen from `47.29 crores in the year 1997-1998 to `374.44 crores in the year 20082009. Appellant asserts that it has obtained registration of the label mark “KRISHNA” having pictorial reflection of Lord Krishna standing on a lotus flower for dairy products falling in Class-29 of the Trade Mark Act. It is the further claim of the appellant that it is the registered proprietor of the word “KRISHNA” written in a unique distinctive style where the serif of