AGARWALA, J. :- This is a plaintiffs appeal arising out of an order made on an application for the grant of an interim injunction. The plaintiff-appellant, a limited Company, is a manufacturer and seller of flash lights, dry cell batteries for use in flash lights and other articles. It carries on its business throughout India. It is the owner of the trade mark "Eveready" which is registered in the register of trade marks under Nos. 6727 and 6728. The "Eveready" flash lights which are in dispute in the present case have impressed on their bottom end caps the word "Eveready". The trade mark "Eveready" is in block capital letters arranged in a distinctive pyramidal form. There are five groups of distinctive parallel indentations each group comprising of three parallel lines running vertically on both sides of the trade mark. The said groups are spaced and arranged in a distinctive manner with the words "made in U.S.A." appearing underneath the lower group of indentations. The shell of flash lights has also its own scheme of colour and chromium plating.

2. The defendants are the manufacturers of flash lights with the trade mark Lit Ready embossed upon them and have placed them