JUDGMENT :

Badar Durrez Ahmed, J.

This is an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC") whereby the plaintiffs seeking an interim injunction restraining the defendant from using the impugned trade mark WHIP TOPPING which, according to the plaintiffs, is deceptively similar to their registered trade mark RICH'S WHIP TOPPING or any other deceptive variations thereof upon or in relation to their goods or business. The plaintiffs have also sought an interim injunction restraining the defendant from passing off and infringement of copyright by restraining the defendant from using the identical trade dress, similar packaging, colour scheme, instructions etc in respect of its WHIP TOPPING product.

2. It has been contended that the plaintiff No. 1 is one of the world's premium food companies with more than 2300 products sold in over 75 countries. The plaintiff No. 2 is a company incorporated in India under the Companies Act, 1956 and is a joint venture concern for making the plaintiff No. 1's products, including non-dairy products, available in the Indian market. According to the plaintiffs, the plaintiff No. 1 is a fam