R. BANUMATHI,J

1. Challenge in these Appeals is the correctness of the order of learned single Judge in O.A.Nos.1240 & 1241 of 2010 in C.S.No.979 of 2010 whereby the learned single Judge granted temporary injunction restraining the Appellant-1st Defendant from in any manner infringing the 1st Respondent-Plaintiff's registered trade mark "LUXURA" by use of similar mark "LUXURIA". 1st Defendant is the Appellant and Plaintiff is the 1st Respondent herein.

2. Plaintiff is engaged in the business of manufacture and sale of commercial vehicles for the past six decades offering range of buses, trucks, engines, defence and special application vehicles. Plaintiff has seven manufacturing plants and sophisticated modern state of the art research and development facilities. Plaintiff launched several established brands such as "LYNX, CHEETAH, VIKING, CRUISER, PANTHER" etc. In the course of its business, Plaintiff coined and adopted a trade mark "LUXURA" in the year 2006 in relation to the commercial vehicles/comfort buses equipped with distinctive features catering the needs to the travelling passengers to have comforts and luxurious travel. Plaintiff obtained registration of the said