Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 2, 21, 29, 33 -- Trade mark - Infringement - Ad interim injunction - When prima facie case is made out and balance of convenience is in favour of plaintiff then it is not necessary to show loss of goodwill and reputation to fulfil the requirement of condition of irreparable..........
Trade and Merchandise Marks Act, 1958, Section 2, 15, 29 -- Trade mark - Infringement - Acquiescence - In an infringement of trade mark, delay by itself may not be a ground for refusing to issue injunction - Defence of acquiescence is satisfied when plaintiff assents to or lay by in relation to the acts of another person - Specific knowledge on the part of plaintiff and..........
Trade and Merchandise Marks Act, 1958, Section 2(d) -- Trade mark - Infringement - Respondent permitted to trade from seven outlets - Respondents as such had limited right under the MOU and by reason thereof they could not have been permitted to start manufacturing of spices deceptively similar to that of plaintiff - Injunction granted...........
Trade and Merchandise Marks Act, 1958, Section 2(m), 45 -- Trade mark - Infringement - Jurisdiction - Plaintiff carrying on business in the district of Ghaziabad whereas defendant carrying on similar business in district of Faridkot - Plaintiff filed suit before District Jude, Ghaziabad praying for an order of injunction - Held, District Court, Ghaziabad had no territorial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trade Mark - Prior user - Plaintiff using mark `Malikchand' but not much publicized - At a subsequent point of time defendant started use of mark `Malikchand' in a large scale - At relevant time, neither party had a registered trade mark for the respective marks claimed by them - A number of cases..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partner - Restraining retired partner from using trade mark of firm - Defendant alleging no dissolution of firm in the eye of law and that he is still a partner of the firm - In the caveat filed by defendant, intimation to tax authorities and settlement of accounts, though disputed, are sufficient for decision of temporary..........
Civil Procedure Code, 1908, Section 10 -- Trade mark - Both parties filed suit against each other relating to the use of same trade mark and got interim injunction at different Courts - Later suit stayed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Passing off - An action for passing-off lies when the defendant company's name, or its intended, name, is calculated to deceive, and so to divert business from the plaintiff or to occasion a confusion between the two businesses - Where there is probability of confusion in business, an injunction will be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Principles for the grant of injunction are the same as in the case of any other action against injury complained of - Plaintiff must prove a prima facie case, availability of balance of convenience in his favour and his suffering an irreparable injury in the absence of grant of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Some of the principles governing are - Whether there is a likelihood of deception or confusion arising is a matter for decision by the Court and that all factors which are likely to create or allay deception or confusion must be considered in combination - Factors creating confusion are the nature..........