Sasidharan Nambiar, J.

O.S.No.5/04 was filed before District Court contending that plaintiff is the owner and proprietor of a restaurant which serves food and beverages under the name and style “Karimpumkala”. It was claimed that he was running the business and serving food and beverages in that name and style for the last several years and thereby acquired a good will and wide publicity and he is the owner of website www.Karimpumkala.com. It was also claimed that he participated in several food festivals and exhibitions and laurels and respondent is conducting toddy shop No.22 on the side of M.C, Road, Kottayam and is passing off the food items in the name of Karimpumkala, after exhibiting the name Karimpumkala and respondent cannot be permitted to pass of the service in the trade mark of the petitioner. He sought a decree restraining respondent from using the name “Karimpumkala”. Petitioner also contended that he had applied for registration of trade mark Karimpumkala before the Registrar of Trademarks, Chennai. Plaintiff filed I.A. 897/04 seeking an order of temporary injunction restraining defendant and his men from infringing trade mark of the plaintiff and also res