https://www.taxtmi.com/caselaws?id=110936 A prior user with established goodwill may obtain interlocutory protection against a franchisee's post-termination use of a deceptively similar trade name in a passing off action, because the relevant test is likelihood of public confusion. A negative covenant in the franchise setting may be enforced by injunction, and the bar on specific performance of the affirmative promise does not by itself defeat relief under the Specific Relief Act. However, broader restraint over colour scheme, prospectus, course materials and other promotional material requires adequate supporting material; without proof of infringement or likely confusion, such omnibus relief is not justified. en-us Wed, 03 Aug 2005 00:00:00 +0530 Thu, 19 Apr 2012 12:32:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110936 A prior user with established goodwill may obtain interlocutory protection against a franchisee's post-termination use of a deceptively similar trade name in a passing off action, because the relevant test is likelihood of public confusion. A negative covenant in the franchise setting may be enforced by injunction, and the bar on specific performance of the affirmative promise does not by itself defeat relief under the Specific Relief Act. However, broader restraint over colour scheme, prospectus, course materials and other promotional material requires adequate supporting material; without proof of infringement or likely confusion, such omnibus relief is not justified. Case-Laws Companies Law Wed, 03 Aug 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110936