Delay and laches do not defeat interim injunctions where prior use and dishonest adoption prima facie support passing off and copyright claims.

In a passing off and copyright infringement dispute, the SC held that interim injunctive relief should not be vacated merely because of delay and laches where the record prima facie showed prior user, prior copyright in the packaging and mark, and dishonest adoption by the defendant. Delay alone was not decisive in the face of evidence suggesting an attempt to pass off goods as those of the plaintiff. The appellate court erred in treating delay as determinative without dislodging the prima facie findings supporting restraint. The vacatur of the injunction was therefore unsustainable, and the interim injunction was restored.

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Issues: Whether an interim injunction in a passing off and copyright infringement action could be vacated solely on the ground of delay and laches, despite a prima facie showing of prior user and dishonest adoption.

Analysis: The suit was for passing off and infringement of copyright, and the interim relief had been granted on facts indicating prior use of the mark, prior copyright in the relevant packaging and mark, and conduct suggesting dishonest adoption. In such matters, delay by itself does not ordinarily defeat injunctive relief, particularly where the materials on record prima facie show that the defendant adopted the mark dishonestly and sought to pass off its goods as those of the plaintiff. The appellate court erred in treating delay and laches as decisive and in vacating the injunction without dislodging the prima facie findings supporting continued restraint.

Conclusion: The vacatur of the injunction was unsustainable and the interim injunction was restored in favour of the appellant.

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