JUDGMENT :

Templeman L.J. - This is an appeal against an order of Lawson J. on 24th April, 1980 sitting in the queen's Bench Division whereby he granted an injunction by way of interlocutory relief in a passing off action.

Frozen foods, including vegetables packaged and prepared for cooking, have been on sale for a number of years anti from the evidence which we have received in these proceedings it appears that packages of different foods have necessarily some similar characteristics. Each package commonly consists of a sealed soft plastic container, sometimes transparent and sometimes containing a pictorial representation of the contents, and an indication of the method of cooking. The product is further identified by an appropriate name which may be a descriptive name or a fancy name, and the package is printed with the brand name of the supplier so as to distinguish his products from the brands of other suppliers. The package also contains printed information, including instructions on cooking, weight and ingredients. The consumer must first identify the product he is looking for, or be tempted by the product which catches his eye and he must then select the brand according to pr