1. This appeal is directed against the order dated 14th December 2009 passed by the learned Additional District Judge, Vadodara, below Application Exh.5 in Regular Civil Suit No 2009 whereby the application for interim injunction came to be dismissed.

2. The short facts emerging from the record are as under:

2.1 The appellant company, which is a registered company under the provisions of the Companies Act, 1956, runs its business in the name and style of “Matrix Telecom Pvt. Ltd.”. In the year the predecessors of the appellant company named M/s Matrix Systems had adopted the “MATRIX” and made the word popularized for their products. According to the appellant M/s Matrix Systems had acquired tremendous goodwill and reputation with the said trade mark “MATRIX”. Thereafter a Deed of Assignment took place on 21.12.1998 when present company was incorporated and since then the trademark “MATRIX” is being used by the app company by virtue of such assignment. According to the appellant, the appellant company a predecessors are using trademark “MATRIX” since 1991 and therefore they are prior users.

2.2 The company is engaged in the manufacturing and trade in digital EPABX system,