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temporary injunction Tag

BananaIP Counsels > Posts tagged "temporary injunction"

Temporary Injunction: Mariappan Vs. A.R. Safiullah

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 9th January 2010 The holder of a patent relating to "food-grade laminated paper and a method and apparatus for manufacturing the laminated paper" filed an infringement action against Mariappan and others and sought an interim injunction to restrain infringing activities during the pendency of the suit. The Court started its analysis by observing that it was a settled position of law for granting an order of ad-interim injunction including the infringement of Designs, Copyrights and Patents that the applicant/plaintiff must prima facie establish that balance of convenience lay clearly in his favour and irreparable loss might be caused to...

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Temporary Injunction: Manika Thevar Vs. Star Plough Works

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 6th January 2010 The Appellant, who is the patent holder of a patent relating to a pattern of a plough having a twist filed an infringement suit against the Respondent alleging that sale of similar ploughs amounts to infringement and applied for interim injunction against the Respondent during the pendency of the proceedings. In response, the Respondent denied the allegation of the Appellant by stating that the plough patented by the Appellant was not infringed because the patent was invalid as it was well known and lacked inventive genius. The Court started its reasoning by expounding the principles regulating...

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