Plaintiff has
been granted protection in an earlier matter wherein
an interim injunction has been granted restraining the
use of the mark POWER ... dispose of the stock is subject to
further orders in the interim injunction application
which is listed for hearing on 3rd April
interim protection. Moreover, the Plaintiff being the registered owner of the
mark, mere delay cannot be a ground for non-grant of interim injunction ... grant of interim relief. While holding
a plea of non-registrability as being tenable, the Court can consider grant of
an interim injunction under Section
Plaintiff filing the present suit. In the present suit, an
interim injunction was granted on 23rd May, 2014 and Local Commissioners
were appointed to visit ... infringing products were made. Despite seizures being effected
and the interim injunction operating against them, the Defendants continued
to sell infringing products. The Plaintiff thereafter
that may be fixed by the
Court in the application for interim injunction. Whenever an export is to be
made to India, the Defendants have ... Antenna (supra), which shows that the Plaintiff is entitled
to an interim injunction. The said factors are:
a) That at the time, when the earlier
Plaintiff filed the
present suit in 2014 and sought an interim injunction. The parties explored
mediation, which however failed. The Plaintiff, sought amendment ... marks. Submissions have been heard on the application seeking
interim injunction. The submission of Ld. Counsel for the Plaintiff is that the
Plaintiff
forum non
conveniens for the party seeking anti-suit injunction.
d) If the grant of injunction would meet the ends of justice.
e) The principle ... appropriate and in the interest of
justice to pass an interim injunction against ESPL from
proceeding with the action against ICC and ECB
pending
establish any of the three
ingredients required for granting relief of interim
mandatory injunction as expected in Dorab Cawasji
Warden's case (supra).
Accordingly
submissions made by each other on
both sides. Hence the applications for interim relief and other applications,
in all the seven suits are being disposed ... world. Amway has filed the
present suit seeking perpetual and mandatory injunction restraining the
Defendants from committing tortious and illegal acts and indulging in unfair
Defendant claims to
have 500-1000 employees, the prayer for ad-interim
injunction shall be considered after issuing notice to
the Defendant. Summons ... Defendant by email. Defendant to put in a reply to the
interim injunction application within 10 days of
service."
5. Thus, no ad-interim
September, 2018 this Court had granted an ad-interim
injunction in the following terms:
―10. The Court has perused the plaint and the
documents placed ... mark is registered in India and enjoys goodwill and
reputation. Thus, an interim order is passed
restraining the Defendants from manufacturing,
selling, offering for sale
