The Order of the Court was as follows :

The applicant/plaintiff filed this application to grant interim injunction restraining the respondents and their men from manufacturing, selling, distributing or offering for sale milk shake machines, ice slush machines, ice cream machines bearing the mark GALAXY or any mark similar thereto to pass off and enable others to pass off the respondents milk shake, ice slush, ice cream machines as and for the applicant's product by use of the trade mark GALAXY pending disposal of the suit.

The case in brief is as follows :

The Power of Attorney of the applicant Mars, Incorporated, a corporation organised and existing under the laws of the State of Delaware, United States of America. The applicant is a world leader in branded snack foods, petcare products, main meal foods, electronic payment systems and drinks vending. The applicant employs approximately 30, 000 persons with manufacturing facilities in more than 30 countries, including commonwealth countries. The applicant is the proprietor of the trade mark GALAXY in respect of chocolates in 1960 and extended its use to ice creams in 1990. Besides GALAXY, some of the world's renowned confectionery brands of the applicant are Mars, Snickers, M & M's, Twix and Milky Way. The applicant is an internationally renowned manufacturer and merchant 'of various types of foodstuff including non-medicated confectionery, chocolates, ice creams, etc.

The trade mark GALAXY has acquired a unique reputation in the minds of the purchasing public and the trade on account of its exclusive quality, extensive use and publicity. The adoption of this mark by anyone else will be patently dishonest and mala fide. The average international sales turnover of the applicant's products sold under the trade mark GALAXY during the period 1992 to 1997 are furnished. The annual sales figures of the applicant's goods sold under the trade mark for the period between 1992 and 1995 in the Gulf and Middle East countries are also furnished separately. They extensively advertised through various medias including inter alia, newspapers, magazines, and television. Annual worldwide sales promotion figures are also separately given. The applicant's chocolate bearing the trade mark GALAXY are exported to India on a regular basis. The applicant's ice creams, milk based beverages and chocolates bearing the trade mark GALAXY are sold in the Gulf countries on an extensive scale for the last several years. There is a large expatriate population of Indians in the Gulf countries. The expatriate Indian population travels to and from Gulf countries regularly and they carry with them to India as presents or for their own consumption confectionery and milk based beverages branded GALAXY. Every year a large number of Indians also visit the countries where the applicant's GALAXY products are sold on a large scale and bring back with them the reputation and goodwill attached to the applicant's product. The applicant's products are also freely available in Chennai and other parts of India. Such products are brought to India. Such goods are brought to India and made available to the public through retail shops. The sales in India of confectionery goods by the applicant during the period November, 1996 to December, 1998 are to the tune of U.S. dollars 244, 220. The applicant has supplied GALAXY confectionery on a commercial scale to India Tourism Development Corporation Ltd. Their products are also available for sale in duty free shops of International Airports around the world particularly Dubai International Airport. Many Airlines use Dubai Airport as their hubs for flights to and from India.In November 1999, the applicant became aware of use of the mark GALAXY on milk shake, ice slush machines being manufactured and sold by the first respondent. The second respondent is the distributor of the machines branded GALAXY being manufactured by the first respondent for the entire South India. The first