(delivering the judgment of the Court): This appeal is against the refusal of the learned judge to discharge an order made by him earlier in respect of certain trade mark.

On January 22, 1976 respondents registered in Sabah the trade mark of "Golden Dragon" consisting of the device of a golden coloured dragon enclosed in a circle in respect of edible oil under the Sabah Trade Marks Ordinance (Cap. 142). The trade mark number is 19862 in Class 29. A certificate of the said registration was issued by the Registrar of Trade Marks, Sabah. In addition to the above trade mark respondents are also the registered proprietors in Sabah since 1973 of the "Double Dragon" trade mark No. 16293 and the "Double Phoenix" trade mark No. 16493 each of which also consists of the device of a dragon as a distinctive feature. In 1978 certain cooking oils not of respondents' manufacture and bearing identical trade mark of the "Golden Dragon" were sold in Sabah. It should be pointed out that the trade marks were only identical in the sense that the device of a dragon was used in each case but the design was dissimilar. So, by a notice of motion dated June 13, 1979 respondents applie