A. K. K. Nambiar vs Union Of India & Anr on 28 October, 1969
In this regard, reference may be made to A.K.K.
Nambiar (supra).
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1 - 3 of 3 (0.19 seconds)Amaravathi Enterprises Rep. By Its ... vs Karaikudi Chettinadu on 20 December, 2007
21. Amaravati Enterprises (supra) considered the documents
produced by the respondents in such proceedings and was of the
view that, even if the same were taken at face value, the same will
not satisfy the test to determine the continuous user. The facts
and circumstances of the present case are different.
Uniply Industries Ltd vs Unicorn Plywood Pvt. Ltd. & Ors on 1 May, 2001
22. Uniply Industries Ltd. (supra) is of the view, where, the defence
set up is one of the continuous prior user, the fact as to the
volume of sale, the degree of familiarity of the public with the mark
and the extent of continuous prior user, may be decided at the
trial. It is of the view that, at the stage of grant of temporary
injunction, a strong prima facie case needs to be established. In
the facts and circumstances of the present case, we are not in a
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2026:CHC-OS:37-DB
position to arrive at a finding that the appellants as plaintiffs made
out a strong prima facie case or that, the balance of convenience
and inconvenience or irreparable loss are in favour of the
appellants in granting injunction as prayed for.
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