( 1 ) THIS defendants appeal is against the order of the learned City civil Judge. Ahmedabad dated 30/12/1997 passed on a Notice of Motion restraining the defendants-appellants by way of temporary injunction from using the word "don" henceforth in respect of marketing their hosiery products as it infringes plaintiffs Trade Mark "dawn Hosiery" till the hearing and final disposal of the suit.

( 2 ) THE facts leading to this appeal are that the plaintiff is a public limited company and is carrying on business of manufacturing, marketing and selling hosiery. The word "dawn" is a main and essential feature of the plaintiffs trade mark is registered under Trade Mark Act. The defendant No. 1 is also a company engaged in the business of manufacturing and marketing hosiery products. The registered trade mark for marketing its hosiery products is "rupa". The plaintiffs trade mark has been registered and in use by it for over 40 years. The dispute is about use of word don conjunctively or disjunctively by defendant No. 1 in respect of some of its hosiery products as its identifying mark whether in conjunction with its registered trade mark rupa to be read as rupa DON or the word m