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Showing contexts for: interlocutory injunction in Swiss Bike Vertriebs Gmbh Subsidiary Of ... vs Reliance Brands Limited (Rbl) on 4 March, 2024Matching Fragments
Wipperdrive Engineering, ILR (1977) 1 Delhi 389, Colgate Palmolive (India) Ltd. v. Hindustan Lever Ltd.d, (1999) 7 SCC 1, M Gurudas & Ors. v. Rasaranjan & Anr., (2006) 8 SCC 367, essentially to support the submission that once defendant had developed a reputation in a business and had sold products by the time the suit was preferred, as opposed to a situation where defendant was yet to start his enterprise, interlocutory injunction would not be granted.
CS(COMM) 25/2023
(ii) Reference was made to the decision in M/s. Hindustan Pencils Pvt.
Ltd. v. M/s India Stationery Products Co. and Anr., AIR 1990 Delhi 19, where a Single Judge of this Court has held, in para 26 and 27, that delay would not disentitle a plaintiff from being granted an interlocutory injunction.
Defendant's sales and damages in lieu of injunction CS(COMM) 25/2023
40. Defendant's counsel submits that once a defendant develops a reputation in business by virtue of selling products prior to the institution of the suit, interlocutory injunction would not be granted. Defendant's counsel submits that defendant has been selling bicycles under the impugned mark since 2021, with sales of around Rs. 14 crores as of December 2022, therefore, injunction ought not to be granted in the present case. To buttress this argument, reliance was placed on decisions in Gora Mal (supra), Wippermann (supra), Colgate Palmolive (supra), and on the decision in M. Gurudas (supra).
42. Insofar as the decisions in Colgate Palmolive (supra) and M. Gurudas (supra) are concerned, they reiterate the principal considerations to be weighed by Courts in an application for interim injunction. The relevant paragraph from Colgate Palmolive (supra) is extracted below:
"24. We, however, think it fit to note herein below certain specific considerations in the matter of grant of interlocutory injunction, the basic being non-expression of opinion as to the merits of the matter by the court, since the issue of grant of injunction, usually, is at the earliest possible stage so far as the time-frame is concerned. The other considerations CS(COMM) 25/2023 which ought to weigh with the court hearing the application or petition for the grant of injunctions are as below: