SANJIB BANERJEE, J.

The test is in the eye and, usually, it is over in a matter of moments. The charade that follows is to ensure adherence to form and propriety. When the test is in the eye, the evaluation is one by impression. The many words that may then be expended in support of the assessment are often the excuse for the impression; imperfect as language is to capture how the eye instructs the mind. An impression once formed is difficult to dislodge unless the legal basis for forming such impression is shown to be erroneous. Interlocutory injunctions in claims of passing-off are generally made or declined within a minute or so of the two products being presented, particularly when the claim is founded on a similarity in the get-up or trade dress. Both the plaintiff and the second defendant are big in the cigarette industry; in fact, they are huge. The claim is not one that a fly-by-night operator has come to ride piggy-back on the goodwill and reputation of an established commercial giant in the field. The plaintiff maybe the bigger of the two and may have the wider range of products, even cigarettes, but the second defendant is no johnny-come-lately. Between these tw