M. L. Bhatt, J. - Ancillary to the suit filed by the plaintiff restraining the defendants from infringing the plaintiff-company's copyright and from using their Trade mark 'MMB' and for some other reliefs, plaintiff has prayed for ad-interim injunction against the defendants to the effect that pending disposal of this suit, the defendants should not use the Trade mark 'MBB' on their whisky bottles of various sizes. The plaintiffs are using the trade mark 'MMB' on one of the varieties of their whisky bottles. The defendants have with a view to deceive the public labelled their whisky bottles with the trade mark 'MBB' and the purchasers are made to believe that the whisky bottles sold by the defendants are the same which are manufactured by the plaintiff under the trade mark 'MMB'. As an exhibit plaintiffs have produced their own whisky bottles of different sizes with 'MMB' Label, and those of the defendants with 'MBB' mark. The bigger size is 750 ml when filled. Then there are half size bottles which are 375 ml. and there is another size which contains 1/4th of a bigger size.

2. In order to appreciate the controversy the labels which are fixed on the plaintiffs whisky bottles