T.C. Raghavan, J.

1.An action against infringement of trade mark and against passing off has given rise to this appeal, the appellant being the defendant and the respondent the plaintiff. Both were manufacturing soaps; and the respondent claimed that his trade mark was infringed by the appellant and that the appellant passed off his goods in cartons so similar to those used by the respondent that the appellant's goods were mistaken for those of the respondent. The lower court rejected the claim of infringement of trade mark, but accepted the contention relating to passing off. And the Trial Court passed a decree for injunction restraining the appellant from using the impugned carton without making sufficient alterations i to distinguish it from the respondent's carton. The other reliefs regarding costs, damages, etc. were reserved for consideration at the final decree stage. The appellant questions the correctness of the finding of the lower court on the question of passing off, while the respondent, in his memorandum of cross objections, disputes the correctness of the lower court's finding regarding the infringement of trade mark.

2. The facts do not admit of much serious c