https://www.taxtmi.com/caselaws?id=163007 At the interlocutory stage in trade mark disputes, validity and distinctiveness of a registered mark should not be litigated in defence where rectification proceedings are already pending, because that issue is reserved for the rectification forum. Temporary injunction is not decided on a bare prima facie test alone; the court must assess the comparative strength of the rival cases, together with balance of convenience. On the facts, the defendant's composite mark, viewed as a whole, was not shown to be deceptively similar because the essential features differed and the likelihood of confusion was not established. The trial court's injunction order was therefore vulnerable to appellate interference where it applied the wrong standard. en-us Tue, 09 May 2000 00:00:00 +0530 Wed, 20 May 2015 15:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=163007 At the interlocutory stage in trade mark disputes, validity and distinctiveness of a registered mark should not be litigated in defence where rectification proceedings are already pending, because that issue is reserved for the rectification forum. Temporary injunction is not decided on a bare prima facie test alone; the court must assess the comparative strength of the rival cases, together with balance of convenience. On the facts, the defendant's composite mark, viewed as a whole, was not shown to be deceptively similar because the essential features differed and the likelihood of confusion was not established. The trial court's injunction order was therefore vulnerable to appellate interference where it applied the wrong standard. Case-Laws Companies Law Tue, 09 May 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=163007