Incidentally, the House of Lords prior to the decision
in American Cyanamid Co. vs. Ethican Ltd. [ 1975 (1) All
ER 504] in J.T. Stratford ... concerned,
stands slightly diluted by reason of the decision in
American Cyanamid's case (supra) which records that in the
event of there being
contention. He has heavily relied upon the principles laid down in American Cyanamid Company v. Ethicon ... challenge.
41. Mr. Mukherjee, learned counsel has first referred to the American Cyanamid Company case, (1975) RFC 513 : 1975 (1) All ER 504 (supra) decided
Venkata Rama Rao Avvas And Ors. vs American Cyanamid Company And Ors. on 15 December, 2006
Equivalent citations: 2007(34)PTC282(IPAB)
JUDGMENT ... second respondent but registered the name of a different proprietor (American Cyanamid Company). On insistence by the first applicant for the production of the registration
goods. In
view of the principles laid down in American Cyanamid Vs.
Ethicon Ltd. (1975(1) All. E.R.504(HL), it is sufficient ... applicable for grant of temporary injunction in trade mark
cases. Before American Cyanamid Co,. vs. Ethicon
Rajeev Dhawan that the decision of
House of Lords in American Cyanamid v. Ethicon Ltd. [1975] 1 All ER
504 would have no application ... House of Lords
in its well-known decision in American Cyanamid
Co v. Ethicon Ltd. [(1975) 1 AER 504], holding :
"Your Lordships should
Rajeev Dhawan that the
decision of House of Lords in American Cyanamid v. Ethicon Ltd.
(1975) 1 All ER 504 would have no application ... House of Lords in its well-known decision in
.
American Cyanamid Co. v. Ethicon Ltd.(1975)1 All ER 504
holding
attention to the celebrated decision of the House of Lords in AMERICAN CYANAMID CO., v. ETHICON LTD., ILR Karnataka 1976(1) 426 This decision ... proof in nature. That was a case in which the plaintiff American Cyanamid had a patent in certain surgical sutures. It feared that a produce
Rajeev Dhawan that
the decision of House of Lords in American Cyanamid v. Ethicon Ltd.
would have no application in a case of this nature ... House
of Lords in its well-known decision in American Cyanamid Co. v.
Ethicon Ltd. holding:
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This
provided that it is arguable, and subject
to the principle of American Cyanamid
that the merits may be resorted to as a
'tie-breaker ... applicable for grant of
temporary injunction in trade mark
cases. Before American Cyanamid
Co,. vs. Ethicon
relative strength of the case of each party, before
American Cyanamid Co. vs. Ethicon Ltd. (1975) 1 All ER 504, it was
customary ... trademark case for
grant or refusal of temporary injunction. But in American Cyanamid, it was
observed that it was sufficient if a "triable issue
