pending suits against the various defendants. The suits - as well as interim
injunction applications alleged infringement of designs of which Crocs is the
proprietor ... market
place. The Court had granted ex-parte ad -interim injunction; after receipt of
summons the defendants contested the proceedings and also applied for
vacation
patented technology."
14. The said interim order in Sterlite Technologies Ltd. granting ad interim
injunction was passed ex-parte. Interestingly in para ... Bayer
Healthcare LLC ) set aside the said interim order and remanded the
application for interim injunction to the learned Single Judge for a fresh
decision
design and on the ground of passing off; (v) that interim
injunction was denied to the plaintiff in the suits on the ground of
infringement ... entitled to interim restraint
against the defendants, in these suits on the ground of passing off, though
has been denied interim injunction in the suits
plaintiff‟s
trademark. Plaintiff No.3‟s notice of motion for interim injunction was
dismissed on 22.12.2011. Against the said order an appeal was filed ... same facts to seek interim orders against defendant No.2
before this court by filing the present suit and interim injunction application
which relief
with
the patented technology." The said interim order in Sterlite Technologies
Ltd. granting ad interim injunction was passed ex-parte. Interestingly in Para ... view that the
impugned interim order requires to be set aside and the application for
interim injunction i.e. IA 8878/2019 be heard once
well as in IA 13793 of 2017,
the application seeking interim injunction read as under:
"Let the plaint be registered as a suit.
Issue ... disposal of interim application
on 03rd April, 2018.
The interim arrangement to continue."
6. It is thus seen that the interim arrangement
JUSTICE RAJIV SAHAI ENDLAW
1. The application of the plaintiff for interim injunction in this suit for
permanent injunction restraining infringement of trade mark, passing ... granting
CS(COMM) No.850/2018 Page 5 of 18
the interim injunction; (iv) in para no.6 of Milmet Oftho Industries Vs.
Allergan
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
Court on 17th May 2018.
On the said date, temporary ad-interim injunction was granted in favour of
the Plaintiff, restraining the Defendant from using ... restraining infringement
of trademarks and passing off. As noted above, the interim injunction is
continuing and the court has been called upon to deliberate upon
