Huluvadi G. Ramesh, J.

These appeals are directed by the unsuccessful applicant against the order passed by the learned single Judge, whereby the learned single Judge vacated the interim injunction granted in favour of the applicant.

2. The appellant herein/applicant filed the original applications seeking an order of interim injunction against the respondents/defendants from using the words "SHAMS" and "ICE" in their label, as they being deceptively similar and further it infringes on the trademark of the appellant and for injunction restraining the respondents/defendants from passing off their product as that of the appellant herein/applicant.

3. It is the case of the appellant herein/applicant, before the learned single Judge, that the appellant being the prior user of the trademark "SHAMS" and "ICE", which is a registered mark, the respondents/defendants, with a view to gain productivity by the use of the already registered trademark, held by the appellant, have coined their label mark deceptively similar to that of the appellant so as to sell off their product as that of the appellant. It is the further case of the appellant that the 1st respondent, a relative of the ap