( 1 ) BEING aggrieved by an order dated 6-4-1999 passed below the Notice of Motion in Civil Suit No. 854 of 1999, the appellant-original defendant No. 1 has approached this Court by way of this appeal from order. For the sake of convenience, the parties to the litigation have been referred to as they have been arrayed before the trappeal dismissed. ial Court. The appellant, defendant no. 1, has been aggrieved by the impugned order because, by virtue of the impugned order, during pendency of the suit, defendant No. 1 has been restrained from using mark vicas or any other mark, which is likely to infringe trade mark "vicks" which is being used by the plaintiffs. Moreover, defendant No. 1 has also been restrained from manufacturing, selling or offering for sale, medicinal preparation and allied products using trade mark vicas or any other trade mark which might be deceptively similar to trade mark v1cks of the plaintiffs.

( 2 ) THE tacts giving rise to the litigation, as stated by the plaintiffs in their plaint, in a nutshell, are as under :- plaintiff No. 1 is a corporation incorporated under the laws of the United states of America and the said plaintiff and its subsi