https://www.taxtmi.com/caselaws?id=275969 A descriptive or laudatory word cannot be monopolised as an exclusive trade mark merely by registration, especially where the registration is subject to a disclaimer. A passing off claim remains available notwithstanding disclaimer, and prior user can justify interim protection where later use creates a real risk of deception; balance of convenience and irreparable harm then support restraint. Interim relief may still be refused for cartons or product design if the pleadings and visual differences do not show a strong prima facie case. Consolidation may also be declined where it would add confusion and the validity issue is materially separate. en-us Wed, 25 Jan 1984 00:00:00 +0530 Wed, 24 Oct 2018 11:55:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275969 A descriptive or laudatory word cannot be monopolised as an exclusive trade mark merely by registration, especially where the registration is subject to a disclaimer. A passing off claim remains available notwithstanding disclaimer, and prior user can justify interim protection where later use creates a real risk of deception; balance of convenience and irreparable harm then support restraint. Interim relief may still be refused for cartons or product design if the pleadings and visual differences do not show a strong prima facie case. Consolidation may also be declined where it would add confusion and the validity issue is materially separate. Case-Laws Indian Laws Wed, 25 Jan 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275969