https://www.taxtmi.com/caselaws?id=196114 In a passing off action, prior use and the goodwill attached to the mark are determinative, and mere registration or entry on the register is not enough unless actual user is shown. The analysis states that priority of adoption and use prevails over priority of registration, so the court must examine whether the plaintiff has established prior user in relation to the goods. On interim relief, admitted prior use supported a prima facie proprietary right, the balance of convenience favoured the prior user, and the risk of confusion and continuing use was treated as irreparable injury warranting injunction. en-us Wed, 27 Apr 1977 00:00:00 +0530 Wed, 29 Nov 2017 17:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196114 In a passing off action, prior use and the goodwill attached to the mark are determinative, and mere registration or entry on the register is not enough unless actual user is shown. The analysis states that priority of adoption and use prevails over priority of registration, so the court must examine whether the plaintiff has established prior user in relation to the goods. On interim relief, admitted prior use supported a prima facie proprietary right, the balance of convenience favoured the prior user, and the risk of confusion and continuing use was treated as irreparable injury warranting injunction. Case-Laws Indian Laws Wed, 27 Apr 1977 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196114