The Brooke Bond India Ltd., the plaintiff herein, hereinafter referred to as the "Brooke Bond" has filed this snit for infringement of trade mark and passing off against the defendant, K. Manibhai & Co. In the said suit an application has been made for appointment of Receiver and for injunction.

2. The case of the plaintiff is that the plaintiff is a well-known company carrying on business of manufacturer and seller of tea both in India as well as abroad. It is claimed that one of the well known trade marks and levels of the Brooke Bond contains as the permenent feature the words "Red Label" having a distinctive style and get-up and colour scheme of red and yellow. The said trade mark and/or label is primarily used by the Brooke Bond for export of tea which are exported cartons and packets with such distinctive style get-up and colour scheme of red and yellow. The Brooke Bond also exports tea in the Arabian Gulf countries (hereinafter referred to as "Gulf States"). It is alleged that the plaintiff has been exporting tea in the said distinctive packets and/or cartons to the Gulf States for the last 17 years and is a major the exporter from India to those areas.

3. The Brooke Bond is claiming distinctiveness and a reputation in the entire get up colour and style. It is alleged that the said trade mark and/or label contains the following distinctive feature :–

a) Distinctive Colour scheme of red and yellow with a yellow outline border and a near yellow outline.

b) The words "Pure Indian Tea" in red over a yellow brand across the main panel;

c) Writing in Arabic of the words "Red Lebel" in regard to the tea export to the Gulf countries.

4. The Brooke Bond has also claimed to have added two distinctive features i. e.

a) A Logo and/or monogram and red written on a yellow square;

b) Writing in yellow on the red regarding the quality of tea.

5. It is also alleged that the trade mark in respect of the said 'Red Label' tea was registered under the Trade & Merchandise Act, 1958.

6. By reason of the aforesaid Brooke Bond is claiming a reputation and/or exclusive ownership in respect of the marked 'Red Label' with the aforesaid distinctive features. It is also the case of Brook Bond that since 1979 the Brooke Bond has sold 21, 142 Mt. of its said 'Red Label' tea in the said distinctive packets and/or cartons of the total value of Rs. 77.46 crores.

7. The Brooke Bond has also sold in India 'Red Label' tea since 1980 of the total value of Rs. 296.89 crores. During the last 10 years the Brooke Bond has spent an average sum of Rs. 30 lakhs on account of advertisement and publicity of the said 'Red Label' tea. It further alleges that in the latter part of 1986 there is reduction in its sale of tea to the Gulf countries and accordingly it was put upon enquiry in January, 1987 when for the first time it carne to learn that the defendant and others were shipping tea to the Gulf States in packets and cartons deceptively and confusingly similar to those of Brooke Bond. The defendant is one of such exporters and was exporting tea under the name or mark 'Red Apple' in packets and/or cartons practically identical and/or in any even deceptively and confusingly similar to the Brooke Bond packets and/or cartons.

8. It is also the case that the words 'Red Apple' in Arabic is Phonetically similar to the words 'Red Label' being pronounced as 'Red Apple'.

9. Brooke Bond has also alleged that label on the cartons and/or packets of the defendant is a colourable and deceptively imitation of the said label of Brooke Bond. It is further alleged that the choice of the 'Red Apple' as also the said label by the defendants is calculated to deceive and confuse the consuming public to appropriate the market reputation of Brook Bond by the defendant.

10. On the basis of the aforesaid allegations the Brooke Bond filed this suit and made an interlocutory application against the defendant, inter alia, on the ground that the defendant had been passing-off its tea as and for those