(1.) By way of the present application, the plaintiff seeks injunction for restraining the defendants from using the impugned marks, i.e., MAX MUELLER/ MAX MUELLER INSTITUTE/ or any other mark which contains or is similar to the earlier used mark of the plaintiff, MAX MUELLER/MAX MUELLER BHAVAN, either as a trademark or part of trademark, trade name or part of a trade name, corporate name, electronic mail, domain name or part of a domain name, or in any manner, which would amount to passing off.
(2.) The case, as set up by the plaintiff, is as follows:
(3.) On behalf of the plaintiff, it is contended as follows: