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 plai