https://www.taxtmi.com/caselaws?id=288078 A registered trade mark owner seeking interim injunction must still establish a prima facie case, balance of convenience, and irreparable injury. Here, prior user by the defendants in India since 1985, their organised business and sales network, and the plaintiffs' weak interim evidence of Indian use weighed against relief. The Court found that foreign magazine advertisements did not sufficiently prove Indian circulation or market use before the defendants' adoption, and that prolonged non-use in India also affected the claim. On the material before it, transborder reputation was not shown strongly enough to displace the defendants' prima facie defence, so interim injunction was refused. en-us Fri, 24 Oct 1997 00:00:00 +0530 Mon, 18 May 2020 16:44:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288078 A registered trade mark owner seeking interim injunction must still establish a prima facie case, balance of convenience, and irreparable injury. Here, prior user by the defendants in India since 1985, their organised business and sales network, and the plaintiffs' weak interim evidence of Indian use weighed against relief. The Court found that foreign magazine advertisements did not sufficiently prove Indian circulation or market use before the defendants' adoption, and that prolonged non-use in India also affected the claim. On the material before it, transborder reputation was not shown strongly enough to displace the defendants' prima facie defence, so interim injunction was refused. Case-Laws Indian Laws Fri, 24 Oct 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288078