J AND P COATS Vs. POPULAR THREAD MILLS

JUDGEMENT

(1.) The suit is for passing off and alongwith it is an application under Order 39 rules 1 & 2 of the Code of Civil Procedure. This order is its fallout.

(2.) The learned counsel for the plaintiff is confining his prayer only to the use of the word 'MOOR', and its lettering, get up and design. His grievance is that it is deceptively similar to plaintiff's "MOON".

(3.) The defendant objects to the grant of any interim relief on the ground that plaintiff's trade mark is not yet registered. The objection has no substance. I say so because the suit is for passing off and admittedly user of the mark by the plaintiff is prior in matter of time.