(1.) The above appeal filed under Order 43, Rule 1(r) of the Code of Civil Procedure by the Defendants arises out of Original Suit No. 6 of 2008 and is directed against the order dated 1.11.2008 passed by the District Judge, Ghaziabad whereby he has allowed the application 6-C for temporary injunction restraining the Defendants-Appellants herein from passing off the Shikanji Powder, Shikanji Drink etc. under the trade mark of the Plaintiffs namely 'Jain Shikanji' or 'Jain Shikanji Masala'.
(2.) The Defendants have further been restrained from using, advertising, licensing directly or indirectly any trade name or the trade mark which the Plaintiffs are using or which is deceptively/confusing similar or identical to 'Jain Shikanji', 'Jain Shikanji Masala' and 'Jain Shikanji Restaurant' etc. till the pendency of the suit.
(3.) The background facts may be noted in brief;