G.M. AKBAR ALI, J.,

1. Both the appeals are directed against the order dated 12. 2009 I.A.No.1102 of 2009 in C.S.No.955 of 2009 of the learned single Judge in a "passing off" action, granting an injunction in favour of the plaintiff against the defendants only in respect of the areas where already the plaintiff established his business, namely, Karnataka, Kerala, Goa, Pondicherry and Himachal Pradesh and not in respect of Tamil Nadu, where the defendants are selling their product. The learned Single Judge made it clear that the defendants could sell their product "BRIHANS GOLD NAPOLEON BRANDY in Tamil Nadu with the said name, but the defendants are injuncted from selling their product with the trade mark BRIHANs GOLD NAPOLEON BRANDY in the areas namely, Karnataka, Kerala, Goa, Pondicherry and Himachala Pradesh and in those areas the defendants could sell their product without using the word "GOLD" before the word "NAPOLEON".

Assailing that portion of the order against them both the parties are before us.

2. The facts leading to the "passing off " action is as follows:

The plaintiff is a part of Imperial Group of Companies, having the Head Office in Kerala and has been in