1. There are three defendants in all in the main suit. Defendants 1, 2 and 3 in the main suit are applicants 1,2 and 3 respectively in the instant application. There is one plaintiff in the main suit. Sole plaintiff in the main suit is the lone respondent in this application. The parties in this application, i.e., A.No.682 of 2017, are referred to by their respective ranks in the main suit for the sake of convenience and clarity.

2. The nucleus of the main suit is a registered Trademark of the plaintiff bearing Trademark No.2149954 dated 25.5.2011 registered in Class 41 with regard to education, research, related consultancy, providing of training, entertainment, sporting and cultural activities all being services falling under class 41. The Mark is 'CIT'. This registered trademark of the plaintiff is hereinafter referred to as 'said trademark' for the sake of convenience and clarity.

3. To be noted, besides the said trademark, plaintiff has three more trademarks registrations, details of which are as follows :

Sl.No.	Trademark No.	Date	Class	Mark
1	2149953	25.05.2011	41
2	2149956	25.05.2011	41
3	2149957	25.05.2011	41

4. Plaintiff has filed the main suit claiming that it it a trust which was established in the year 1956, that plaintiff trust has envisioned a unique learning order with special emphasis on industrial training for the decimation of knowledge to the student community in the fields of science, engineering and technology, that plaintiff has established an engineering college under the name and style 'Coimbatore Institute of Technology' in the year 1956 at Coimbatore, that 'CIT' was coined, adopted and simultaneously used as abbreviation of the said name of the institute along with name of the institute, i.e., 'Coimbatore Institute of Technology'.

5. It is the further emphatic say of plaintiff that CIT, i.e., said trademark refers only to plaintiff's aforesaid institute ever since its inception in 1956. It is also the say of plaintiff that CIT being the abbreviated form of the name of the institute became very popular and reputed that every one refer to the said institute more commonly and popularly as 'CIT' rather than 'Coimbatore Institute of Technology'. Plaintiff has also averred that since its inception, till now, it is more commonly and popularly referred to as 'CIT' rather than 'Coimbatore Institute of Technology' not only by students, staff and alumni, but by general public also. On this basis, plaintiff has laid the suit claim that the said trademark, i.e., 'CIT' is associated with the plaintiff and its institute only.

6. Plaintiff has also given details that CIT was affiliated to Madras University from 1956 to 1980, thereafter, it was affiliated to Bharathiar University, Coimbatore and subsequently to Anna University, Chennai in the year 2001. It is also averred that CIT has attained autonomous status in the year 1987. It is the further say of the plaintiff that CIT is recognized by All India Council for Technical Education and is accredited by the National Board of Accreditation. Plaintiff has predicated the main suit on the ground that it was shocked to come to know that defendants 1 to 3 are prominently using the said trademark, the details of which are as under :

“(a) in their Institute building, name board and signage, located at the address of the 2nd Defendant,

(b) In their application form, prospectus fee receipts and stationary,

(c) In their buses plying in and around the City of Chennai, and

(d) In their domain name as www.citchennai.edu.in, which is accessible in Chennai and the rest of the world, and in their webpage's where the word “CIT” is prominently used.”

7. It is the specific case of plaintiff that second defendant institute itself was established only around the year 2012. It is also plaintiff's complaint that defendants by usin