•Injunction
–Purpose of grant of injunction not to penalise the defendant but to protect the interests of the plaintiff
–Temporary/interim and permanent/perpetual injuntion
•Principles for grant of interim injunction
–Prima facie case
–Balance of convenience
–Irreparable loss
•Kirloskar Diesel Recon (P) Ltd v. Kirloskar Proprietary Ltd., 1996
–Kirloskar Group of Companies – 50 years
–Acquired distinctiveness and goodwill
•Sony Corp v. Aashish Electronic, 2006
–‘Sony’ v. ‘Sonny’
•Biswaroop Roy Chaudhary v. Karan Johar, 2006
–Kabhi Alvida Naa Kehna
–Plaintiff registered the name but waited for too long to file a suit against Karan
•Pernod Ricard SA France v. Rhizome Distilleries Pvt Ltd., 2009
–Plaintiffs owned ‘Imperial Blue’ and ‘Royal Stag’
–Defendants adopted ‘Imperial Gold’ with the trade dress, get up, colour, combination, label of ‘Royal Stag’
•Delay, laches, Acquiescence etc.
–‘Glacier’ 1897 v. ‘Glazine’ 1900
–Commenced action in 1905
•‘Glucon-D’ 1940 v. ‘Glucose-D’ 1989
•‘Taj Hotel’ Dhaba
–Dr. Reddy’s Laboratories Ltd. v. Reddy Pharmaceuticals Limited, 2004
•Damages and Account of Profits
–Alternative and not cumulative
–Cannot be issued in the following circumstances
•Certification trade mark or collective trade mark
•If the defendant proves that he had no knowledge of the mark and he stopped using it immediately when he came to know
•Punitive Damages
–As punishment and to discourage people
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