JUDGMENT

Aggrieved by the order of temporary injunction passed by the IV Additional District Court, Ernakulam in I.A.No.4216 of 2017 in O.S.No.28 of 2017, the respondents 1, 3 and 4 have come up in appeal.

2. Heard the learned counsel for the appellants and the learned Senior Counsel appearing for the contesting respondent (petitioner in the application).

3. Facts in brief for disposal of the appeal are as follows: A petition has been filed under Section 135(2) of the Trademarks Act, 1999 (in short, the Act) read with Order 39 Rule 1 CPC. The relief sought for in the petition is a temporary injunction restraining the defendants (appellants and others), their agents, servants and distributors from offering any products or services or advertising or using in any manner the plaintiff's trademark or any other colourable imitation of the plaintiff's existing trademark mentioned therein for the products and services provided by the defendants or for any other purpose.

4. Plaintiff is a company registered under the Companies Act. It is engaged in the business of marketing several pharmaceutical and medicinal preparations for human consumption. 1st defendant company is also a company engaged