M. Jagannadha Rao, J.

( 1 ) THIS is an appeal arising out of an order partially refusing temporary injunction in favour of the appellant-plaintiff in a "passing-off" action. The appellant manufactures and sells threads and their application for registration of trade mark "moon" and device of, a moon are admittedly pending before the Registrar of Trade Marks. The respondents-defendants also manufacture thread and are selling under the mark "moor".

( 2 ) THE learned Single Judge allowed the appellant s application for injunction partially in the following terms:-

". . . I pass an ad interim order re-straining the defendant from using the word "moor" in the manner it has done till today and this, of course, would include the style of its lettering, "its colour scheme and general get-up".

( 3 ) THE appellant-plaintiff has come up in appeal contending (in para 2 of the memorandum) that while the learned Single Judge rightly granted the above relief, he "failed to grant relief in respect of use of the word "moor" and in respect of the device of a moon which is actually in use by the respondents. In effect, it is contended that no relief was granted in favour of the appellant, as the. resp

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