Respondent has always dealt with regard to the goods in question. The letter of authority addressed to „whom it may concern‟ is written by Bingling Enterprises Ltd. The Respondent has been buying and dealing in the above goods directly from the above named manufacturer and sole distributor for a long duration of time since the 20th day of April 2012 as seen from annexure 'A'. The Respondent thereafter applied to have the impugned goods registered and was shocked by the turn of events that the Applicant was objecting to its registration alleging to be the registered dealer in the said goods. The Respondent states that the Applicant is not the duly authorized agent of the manufacturer to deal in the sale and distribution of the above goods and so is unlawfully doing so. The Applicant only got registered after the Respondent had already applied for the same trademark to deal in the same goods. The two marks are different-MOON for the Applicant and PURPLEMOON for the Respondents therefore there is no way they are confusing to the consumers of the goods. The Applicant fraudulently applied and obtained protection with knowledge of the manufacturer's existence and without his consent to deal in the same goods as his agent, which consent the manufacturer had already given to the Respondent. As a result of the aforementioned fraudulent acts, the Respondent counterclaims against the Applicant‟s registration in the main suit before the court through its lawyer. The Respondent was served with court documents which included an interim application one (1) day to the hearing of the application which proceeded exparte and the order granted which was prejudicial to the Respondent's interests. Since the Applicant is not the lawful authorized agent of the manufacturer, he was never entitled to the grant of the interim injunction they received. The temporary injunction they are seeking would only give him more rights than he is entitled to derive from dealing with the goods in question and continuing to pass off as the manufacturers agent yet he is not. The Applicant filed an affidavit in rejoinder on 22 nd December, 2016 in which Muhammed Imran a Director of the Applicant states as follows: The Applicant lawfully applied for and was accordingly registered the Legal Owner of the trade mark in part A of the Register, Class 24 under Number 53206 in respect of Textiles and Textile goods to wit bed covers, table covers, blankets, bed sheets inter alia. The trademark was registered in the names of the Applicant on 29th July, 2015. The manufacturers of the goods in question are LlNYI GRENE INDUSTRY & TRADING COMPANY LIMITED of Luo Zhuang District, Linyi City, Shandong, China and PURPLE MOON BLANKETS TRADING LLC of Shouq AI Kabeer Street, Deira Dubai, U.A.E. PURPLE MOON BLANKETS TRADING LLC of Shouq AI Kabeer Street, Deira Dubai, U.A.E. is a manufacturer of the goods in question to wit; the blankets bearing "purple moon marks" and is also the Sole Agent/distributor of Linyi Grene Industry & Trading Company Limited's goods. The Applicant is the sole agent/distributor of the goods both Purple Moon Blankets Trading LLC and Linyi Grene Industry & Trading Company Limited. Purple Moon Blankets Trading LLC of Shouq AI Kabeer Street, Deira Dubai, U.A.E. authorized the Applicant to register its registered trademark in the names of the Applicant as seen in the agency letter attached. The Respondent is selling and distributing blankets bearing the Applicant's trade mark without mandate from the Applicant and even in the existence of an Interim Order issued by Court. He averred that he was informed by his lawyers that the use of the Applicant's trademark by the Decision of Hon. Mr. Justice Christopher Madrama Izama *^*~ *&*$$$# xtra+ maximum735securityx 2017 style 3