16 November, 2017
Relying on the Supreme Court’s judgment in Anand Prasad Agarwalla v Tarkeshwar Prasad (2001 5 SCC 568), the Delhi High Court recently noted that, when deciding whether to grant an injunction application, a court is not required to conduct a mini trial.
The court recognised that the purpose of an interim injunction is to ensure the protection of parties’ rights on the basis of three factors: prima facie case, balance of convenience and irreparable injury.
These factors have been deliberated in a trademark infringement and passing-off case filed by Advance Magazine Publishers Inc for the mark VOGUE against Bombay Rayon Fashions Limited.
The dispute was between the plaintiff’s trademark VOGUE, which had been in use for more than 100 years with respect to fashion magazines, and the defendant’s trademark LINEN VOGUE/LINEN VOGUE LA CLASSE, which had been used for fabric.
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For further information, please contact:
Omesh Puri, LexOrbis
mail@lexorbis.com
