1. Ad interim injunction is sought by the applicant/plaintiff to restrain the respondents from manufacturing, distributing, marketing, processing, producing, selling, or offering for sale, stocking, advertising, in any manner directly or indirectly dealing in ready to cook snacks or any food products containing the trade marks YUMMIEZ or any mark which is deceptively similar to the applicants trade mark YUMMIES so as to pass off their products as that of the applicants food products.

.2. The applicants have contended that they are engaged in diversified business activities for the last several decades and have earned a very high reputation amongst the trade and public in relation to their products and services. They were one of the first to enter into the ready to fry and ready to eat snack food two decades ago. The first applicant firm adopted the trade mark FRYUMS in early 1980s in respect of ready to fry snacks. The first applicant adopted a trade mark YUMMIES in respect of ready to eat snacks having different flavours. The trade mark FRYUMS and YUMMIES are being used by the second applicant in respect of the ready to fry and ready to eat snacks at least since the year 1987 till date. The YUMMIES snacks are being marketed through a well organized sales network of Dealers/Stockists on an extensive scale. The sale of the applicants also has been steadily growing and it increased manifold since its launch. They have a strong consumer base. They have acquired a very high reputation and valuable goodwill for its ready to eat snacks bearing the trade marks YUMMIES. The annual sales turnover has run into several lakhs of rupees. They have incurred substantial amounts towards sales promotion in various media to popularize the brand YUMMIES for ready to eat snacks. The first applicant applied for and secured registration of the trade mark FRYUMS YUMMIES as far back on 18. 1987. However, since the mark was applied as proposed to be used at that time, the registration was granted with a disclaimer to the word Yummies. Therefore, the applicant laid the suit only for passing off which action is not precluded inspite of the imposition of disclaimer. By virtue of long, extensive, and continuous user of the trade mark YUMMIES, it has acquired a secondary meaning and is exclusively identified by the traders and public with the ready to use snacks of the applicants. The applicants have become aware of the launch of snacks in/the ready to cook range by respondent under a deceptive trade mark YUMMIEZ which is almost identical except for some spelling in the ending syllable. The respondents adoption and use of the phonetically, visually and structurally similar, trademark YUMMIES is of recent origin. The adoption of an identical mark with misspelling by the respondent is intentional, calculated to deceive and defraud the purchasing public. The channels of trade and class of customers are also the same. No ordinary person, of average intelligence and imperfect recollection would be able to distinguish the products because of the identical bran names and the unavoidable confusion that has crept in. The activities of the respondent which has no justification for adoption and use of an almost identical trade mark amount to passing off their food products as that of the applicants food products. Hence, the relief as sought for.

.3. The respondent/defendant has contended in the counter that the respondent belongs to the well established and highly reputed house of Godrej. The reputation and goodwill earned by Godrej is reflected by the annual turnover of the Godrej which is in excess of Rs.3,000 crores. The house of Godrej has been spending huge amount on advertisement and sales promotional expenses. In or about June 2006, the respondent independently and honestly adopted a label mark consisting of the house mark GODREJ and the word YUMMIEZ and a unique design, layout, get up and colour scheme and started using the said label in respect