I.A.No.15969/2009 1. The plaintiff has filed this suit for permanent injunction for restraining infringement of trademark, service mark, copyright and for damages in respect of its trademark “Lemon Tree”.

1.1 Along with the suit, the plaintiff filed I.A.No.15969/2009 for grant of ex-parte ad-interim injunction. Vide order dated 9th December, 2009, the summons in the suit and notice in the application were issued to the defendant. However, ex-parte ad-interim injunction was not granted to the plaintiff at that time.

1.2 On 29th April, 2010, the plaintiff gave up the claim for violation of the copyright as well as passing off. In view thereof, the plaintiff’s claim is now restricted to the claim for infringement of trademark only.

1.3 The pleadings in the suit as well as in I.A.No.15969/2009 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure are complete.

2. Plaintiff’s Case

2.1 The plaintiff is the proprietor of the registered trademark “Lemon Tree” in classes 8,12,16,17 and 42. The particulars of the seven registrations held by the plaintiff are given in para 12 of the plaint and the registration certificates have been placed on record as Annexure „F?. The plaint