JUDGMENT

1. This appeal has been preferred by the plaintiffs/appellants under Order 43 Rule 1(r) of the Code of Civil Procedure read with section 13 of the Commercial Courts Act, 2015 against the order dated 26.11.2020 passed by the Commercial Court, Indore, whereby their application under Order 39 rule 1 and 2 of the CPC for issuance of temporary injunction has been rejected.

2. As per the plaintiffs, they are in business of manufacturing and distribution of wines, liquors and spirits. They are manufacturing and selling whisky in the name of ‘Blenders Pride’ and ‘Imperial Blue’. They have registered trade mark in respect of them and also have such registered trade mark in respect of Seagram’s which is the house mark of plaintiff No.1 and which is used in India and Internationally and which appears on their products sold under various brands. The defendant has imitated the aforesaid trade mark of plaintiffs and is manufacturing and selling its whisky under the trade mark ‘London Pride’. The trade mark of plaintiffs namely; Blenders Pride was adopted in 1973 and was registered in favour of Seagram’s Company Limited. The plaintiffs have become proprietors of the said trade mark in Ind