https://www.taxtmi.com/caselaws?id=196709 A disclaimed portion of a registered trade mark does not fall within the statutory monopoly, and suppression of that limitation when seeking interim relief amounts to material concealment warranting recall of the injunction. The Court also treated long, unexplained non-user as evidence of abandonment; once abandonment is inferred, the former user cannot restrain a trader who adopted and used the mark earlier in time. On the material before it, the plaintiff failed to show a subsisting protectable right for injunction, infringement, passing off, or copyright-based restraint, and the defendants' prior user case prevailed. en-us Fri, 19 May 2000 00:00:00 +0530 Tue, 12 Dec 2017 17:58:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196709 A disclaimed portion of a registered trade mark does not fall within the statutory monopoly, and suppression of that limitation when seeking interim relief amounts to material concealment warranting recall of the injunction. The Court also treated long, unexplained non-user as evidence of abandonment; once abandonment is inferred, the former user cannot restrain a trader who adopted and used the mark earlier in time. On the material before it, the plaintiff failed to show a subsisting protectable right for injunction, infringement, passing off, or copyright-based restraint, and the defendants' prior user case prevailed. Case-Laws Companies Law Fri, 19 May 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196709