PRADEEP NANDRAJOG, J.

1. The backdrop facts leading to filing of the above captioned appeal are that on November 12, 2009 the respondents filed a suit on the Original Side of this Court inter-alia praying for a decree of permanent injunction restraining the appellant or any other person acting under its authority from using the trade mark ‘VOGUE’ as part of its trade mark ‘JUST IN VOGUE’ in relation to its goods/services, in any manner whatsoever. Prayer(s) for rendition of accounts and delivery/destruction of infringing goods were also made in the suit. Along with the suit, the respondents filed an application under Order XXXIX Rule 1 and 2 CPC being I.A. No.14609/2009 praying for an interim injunction till the disposal of the suit.

2. In the plaint filed, it was pleaded by the respondents that the respondent No.1 together with its affiliates is engaged in the business of publication and distribution of magazines and journals internationally. The respondent No.2 is the wholly owned subsidiary of the respondent No.1 as also the licensed/permitted user of trade mark of the respondent No.1, having its branch office at Unit No.15, First Floor, Plot No.D-2, Southern Park, Saket Business District, New Delhi–110017. Since last several years the respondent No.1 has been selling fashion and lifestyle magazine under the trade mark ‘VOGUE’ in around 145 countries including India. Since the year 1976, the respondent No.1 is the registered proprietor of trade mark ‘VOGUE’ in India in relation to publications. Since the year 2007 the respondent No.2 is publishing a magazine under the trade name ‘VOGUE INDIA’ at Mumbai and selling and distributing the same from its branch office at New Delhi. The appellant is a limited company engaged in the business of retail of various luxury brands of watches, jewelry, perfumes, cosmetics, writing instruments, crystals and leather goods in India. In or around January, 2009 the respondent No.1 came to know that one Priority One Marketing Pvt. Ltd. filed an application in the Trade Marks Registry for registration of trade name ‘JUST IN VOGUE’ in respect of class 35. Immediately thereafter the attorney of the respondent No.1 filed a notice of opposition against the aforesaid application of registration of trade name ‘JUST IN VOGUE’ and the same is pending adjudication in the Trade Marks Registry. In the meanwhile, the respondent No.1 came to know that Priority One Marketing Pvt. Ltd. is using the trade name ‘JUST IN VOGUE’ in respect of its retail stores, sales services, advertisements etc. The attorney of the respondent No.1 issued a letter to Priority One Marketing Pvt. Ltd. requiring it to desist from using its trade mark ‘VOGUE’ as part of its trade name ‘JUST IN VOGUE’ to which Priority One Marketing Pvt. Ltd. replied that the claim(s) made by the respondent No.1 is untenable and that it has changed its name to M/s.Just Lifestyle Pvt. Ltd. i.e. the appellant. The use of the trade mark ‘VOGUE’ by the appellant is illegal and unlawful and constitutes the acts of infringement and passing off as it is attempting to ride on the goodwill and reputation created by the respondent No.1 by selling its fashion and lifestyle magazine in India. This Court had territorial jurisdiction to try the present suit for the reason the respondent No.1 through the respondent No.2 carries on its business within the territorial jurisdiction of this Court inasmuch as respondent No.2 has its branch office within the jurisdiction of this Court.

3. Before proceeding further, it would be relevant to note the following paragraphs of the plaint filed by the respondents:-

“12. That the Plaintiffs magazine published under the trade mark ‘VOGUE’ is sold/circulated in around 145 countries around the world, including India and the same has been available/sold in India since at least last two decades and has established enormous and enviable reputation and goodwill in India, among other countries. The trade mark ‘VOGUE’ was firs