Trade Marks Act, 1999, Section 137 -- Infringement of trade mark - Passing off - Substitution of letter `T' for letter `O' is the only difference between two trade names - Plaintiff clearly a prior user would make it clear that first pre-requisite for action in passing off was made out - Division Bench granted interim injunction and stay order - Such stay was continued..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Subject contract already terminated and yet without seeking any interim stay upon effect and operation of order of cancellation of contract or any restoration of status quo ante, a prayer..........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Prima facie no case is made out against defendants to the subjective satisfaction of Court that defendants deliberately and willfully mentioned the alleged MoU in the petition to vacate interim stay and thereby violating the order of interim injunction granted by Court regarding restraining..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - Plaintiff has been prima facie guilty of suppression and concealment of material facts - Even on merits, plaintiff does not have a prima facie case - Both plaintiff as well as defendants are operating in their own spheres - There is no likelihood of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - While granting ad interim ex-parte injunction or stay order Court must record undertaking from the plaintiff that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Life of exparte injunction or stay order should be limited so as to discourage the tendency to unnecessarily prolong the matter after obtaining exparte injunction order or stay order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - As a rule, Court should grant interim injunction or stay order only after hearing the defendant and in case Court has to grant ex parte injunction in exceptional cases, then while granting injunction it must record in the order, that if suit is eventually dismissed, plaintiff will have to pay full..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit u/s 10 of the Act - Jurisdiction of Court to decide ad interim injunction application - Trial Court should not proceed with interim application if interim prayer touches the merit of suit or issues raised in the suit in any manner...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Violation - Ad interim injunction granted directed defendant No.1 shall not convene any meeting of the Trust to discuss the agenda - However meeting was convened - Application filed U.O.39.R.2-A CPC against Secretary for violation of stay order - Application disallowed - Held, meeting was convened vide..........
