Supreme Court of India
S.M. Dyechem Ltd. v. Cadbury (india) Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that on the question of the relative A strength, the decision must go in favour of the defendant that there is no infringement and the High Court was right in refusing temporary injunction.
Judgment, page 32
From the headnote
Trade and Merchandise Marks Act, 1958: Section 106-Trademark matters-Temporary injunction-Grant or refusal of-Factors to be considered-Held: Apart from balance of convenience it is necessary to consider the comparative strength of the case of the rival parties before granting, or refuse to grant, temporary injunction-Code of Civil Procedure, 1908, 0.39 R.l. Sections 2(1) (d). 29, 105 and 106-Trademark-lnfringement of+- Temporary injunction-Grant of-Tests to determine-Essential features- Copying of-Burden of proof-Held: Onus to prove 'deception' is on the plaintiff-Sound of words forming a
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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