JUDGMENT :

Mahmood Ali Khan, J.-

1. In a passing off action the plaintiff has filed an application is 8234/03 (Order 39, Rules 1 & 2 CPC) for grant of an interlocutory injunction order fur restraining the defendants from using the trademark 'REFORM' and from doing any other thing as may lead to confusion or deception resulting in passing off defendants' goods as those of the plaintiff sold under the trademark 'REFIRM'.

2. plaintiff is a company which is manufacturing and marketing a large number of pharmaceutical preparations for different diseases. plaintiff manufactured medicine for osteoporosis and marketed it under the trademark 'REFIRM'. It also applied for this trademark to be registered in its name on 30.1.0.2001. By virtue of plaintiff's prior adoption of the trademark 'REFIRM' bona fidely the plaintiff had become proprietor thereof. It started marketing the medicinal preparation under this trademark in January, 2002. It has become best selling pharmaceutical preparation in its segment. Trademark 'REFIRM' had acquired immense reputation and goodwill and had come to he exclusively associated and identified and recognized with the plaintiff. plaintiff on account of continuous a