An order dismissing an application for a temporary injunction in an action for passing off is under challenge in this appeal. The plaintiff in the suit is the appellant.

2. The suit is a composite suit under Section 134(1)(c) of the Trade Marks Act, 1999 ('the Act' for short) and Section 62 of the Copy Right Act, 1957. The plaintiff is a society registered under the Travancore - Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The case of the plaintiff is that they are imparting education and training to candidates from backward sections of the society with a view to enhance their career prospects. According to them, the training programmes of the plaintiff are extremely popular among the members of the backward sections of the society and they are identified by the beneficiaries as 'MECA'. It is their case that right from 1989, all the activities of the plaintiff were being carried on under the name 'MECA' along with its unique emblem and that over the period, the aforesaid name 'MECA' and the emblem of the plaintiff acquired substantial goodwill among the backward sections of the society who are availing their services. It is alleged in the plaint that during October, 2014, it has come to their notice that a few members of their association formed a parallel association with the identical name and the mark 'MECA' and obtained registration in the name 'Muslim Employees Cultural Association - MECA (All India Committee)' under the Travancore - Cochin Literary, Scientific and Charitable Societies Registration Act. The first defendant is the said association and the second defendant is its President. It is also alleged that the defendants are now rendering services as if the same are being rendered by the plaintiff. According to the plaintiff, the conduct and actions of the defendants have created immense confusion and deception among the members of the plaintiff, its beneficiaries and the general public. It is alleged by the plaintiff that the defendants have chosen to adopt the identical name and mark of the plaintiff to take advantage of the goodwill and reputation enjoyed by the plaintiff and to deceive and disguise the beneficiaries of the services rendered by the plaintiff. According to the plaintiff, the conduct of the defendants is dishonest and illegal. It is also alleged that the conduct of the defendants resulted in irreparable damage to the plaintiff. The suit, in the circumstances, was filed seeking a decree of permanent prohibitory injunction restraining the defendants and persons claiming under them from passing off any services using the name "Muslim Employees Cultural Association", the mark "MECA" and the emblem of the plaintiff.

3. Along with the plaint, the plaintiff filed I.A.No.5216 of 2014 seeking an order of temporary injunction restraining the defendants and persons claiming under them from depicting, offering or passing off services using the trade name "Muslim Employees Cultural Association", its trademark "MECA" and the emblem or any confusingly similar mark or emblem, including print and electronic media. The defendants resisted I.A.No.5216 of 2014, contending among others, that the first defendant society was formed based on the decision taken by the plaintiff for the purpose of extending similar service across the country and that therefore, they are entitled to use the name and the name of the plaintiff. They also contended that a suit for passing off action is not maintainable in relation to the services rendered by the plaintiff which is a charitable organization.

4. Though the trial court found that the suit for passing off is maintainable at the instance of the plaintiff, it took the view that the question as to whether the plaintiff and the defendants are two different organizations or not can be sorted out only at the time of trial and consequently dismissed the application for temporary injunction. The plaintiff is aggrieved by the said decision of the trial c