1) trade mark CDE used by the defendant, is not deceptively similar in all respects to that of your trademark ABC
2) both the trade marks are entirely different and distinct and are not similar or identical and hence no injunction would be granted
3) in AIR 1988 DELHI 282 (P.M.Dissels Pvt. Ltd. Vs. Thukral Mechanical Works), in which, the Delhi High Court held as follows:
"Trade and Merchandise Marks Act (43 of 1958), Ss.28(3), 31(1)--Registered proprietors of identical trade marks in different goods--Infringement of, by one of them--Grant of interim injunction in favour of other--Application by him for deleting of name of one who infringed trade mark from register during pendency of suit for perpetual injunction--Proprietary rights of both of them were protected till their names were on register--No one is entitled to take action against another--No one can be restrained from using his trade mark--Interim injunction vacated."