(1.) In a suit seeking to restrain the defendant from in any manner using the mark "COLLEGIATE" allegedly identical with the plaintiffs' registered trade mark "COLGATE" and also using the packing, tubes, cartons, bearing a colour scheme, get-up, logo and lay out as represented on "COLLEGIATE" carton and tube by the defendant, the plaintiff by IA No. 7701/94 seeks to restrain the defendant in identical terms pending the hearing and disposal of the suit.
(2.) The defendant, vide IA 8686/94 under Order 39 Rule 4 Civil Procedure Code prays for vacation of the ex parte, ad interim injunction granted vide order dated 1.9.1994.
(3.) It is not in dispute that the plaintiff is a proprietor of the registered trade mark "COLGATE" and that the plaintiff has been manufacturing dental cream, selling the same in tube and cartons in red and white. The defendant is alleged to have infringed the plaintiffs' mark "COLGATE" by using the mark "COLLEGIATE".