In trade mark matters, it is now necessary to go into the question of ‘comparable strength’ of the cases of either party, apart from balance of convenience
TRADE MARK
Trade and Merchandise Marks Act, 1958 : The onus to prove ‘deception’ is on the part of the plaintiff who alleges infringement. A mark is said to be infringed by another trader if, even without using the whole of...
Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Temporary injunction—Ingredients—Prima facie case, balance of convenience and irreparable injury—Finding on prima facie case would be a finding of fact.
The High Court of Justice – Chancery Division, England, in Benchairs Ltd. Vs. Chair Centre Ltd.[1974 R.P.C. (14) 429 ], has given the essence of passing off and the same reads as under: “The essence of passing off is,...
Trade Mark- Passing off Action-It is settled law as noted earlier that plaintiff who alleges passing off must first establish that the public has grown accustomed to associate a particular product with that of plaintiff as the manufacturer or...
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