Jaspal Singh, J. (Oral)

( 1 ) THE suit is for passing off and alongwith it is an application under Order 39 rules 1 and 2 of the Code of Civil Procedure. This order is its fallout.

( 2 ) THE learned counsel for the plaintiff is confining his prayer only to the use of the word moor , and its lettering, get up and design. His grievance is that it is deceptively similar to plaintiff s "moon".

( 3 ) THE defendant objects to the grant of any interim relief on the ground that plaintiff s trade mark is not yet registered. The objection has no substance. I say so because the suit is for passing off and admittedly user of the mark by the plaintiff is prior in matter of time.

( 4 ) THE defendant has yet another objection. He states that `moon is distinctive and that for that reason the plaintiff deserves no interim relief. In support he relies upon M/s. Surya Coconut Oil Industries v. M/s. Surya Agro-Oils Ltd. an order of a learned Single Judge of this Court in I. A. No. 3022/89 in Suit No. 1094/89. The date of decision is May 6, 1994. In that the plaintiff s trade mark was sun while the defendant was using the trade mark surya . It was observed that surya being the Hindi name of sun

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