( 1 ) THIS appeal is from an order of the District Judge of 24 Parganas, granting an interlocutory injunction against the defendants in a suit for infringement of a Trade Mark and for passing off.

( 2 ) THE plaintiffs are well-known manufacturers of footwear and other leather and rubber goods. It is said that they also manufacture socks and hosiery. They are the owners of the Trade Mark "bata" ia respect of "canvas rubber leather shoes, rubber monolith (footwear), rubber heels, rubber soles, rubber plates (for shoes), leather soles, half-soles, heels, wooden heels socks and hosiery. " This Trade Mark was registered on July 8, 1946.

( 3 ) DEFENDANT No. 5 (one of the appellants herein) claims to have been using the said mark or name ''bata" in respect of lungis. It is said that in August, 1953, he applied before the Registrar of Trade Marks, Bombay, for registering a Trade Mark under the name "bata Lungis".

( 4 ) IT is common case that the plaintiffs have not so far manufactured lungis or handkerchiefs. According to them, they first learnt in November, 1953, that defendant No. 5 was using the said mark "bata" in respect of lungis by inscribing the said mark on a label