JUDGMENT (ORAL)

C. HARI SHANKAR, J.

The lis

1. CS (Comm) 920/2022, ("the suit" hereinafter) stands instituted by the respondent Mayo Foundation for Medical Education and Research against the appellant Bodhisatva Charitable Trust and other defendants. The respondent alleged, in the suit, infringement, by the appellants, of the registered trademarks of the respondent, as well as passing off, by the appellants, of the services provided by them, as services of the respondent.

2. The suit was accompanied by IA 22385/2022, filed under Order XXXIX Rules 1 and 2 of the CPC, praying for interim injunction, pending disposal of the suit, against the appellants, restraining them from using the marks MAYO, MAYO INSTITUTE OF MEDICAL SCIENCES, MAYO MEDICAL CENTRE, MAYO MEDICAL CENTRE PRIVATE LIMITED, MAYO HOSPITAL, MAYO CLINIC, MAYO SCHOOL OF NURSING, MAYO PHARMACY and MAYO GASTRO- LIVER CLINIC.

3. A learned single Judge of this Court has, by judgment dated 29 May 2023, allowed IA 22385/2022 and has restrained the appellants in the terms sought by the respondent.

4. Aggrieved thereby, the appellants have instituted the present appeal.

5. We have heard Mr. Jayant Sud, learned Senior Counsel for t