https://www.taxtmi.com/caselaws?id=288265 In a passing off and trademark dispute, interlocutory restraint on use of identical or highly similar marks was found unjustified because prior user was not clearly established on the available material. Advertisements, invoices and dealer letters did not conclusively prove uninterrupted commercial use, and the evidence was insufficient to support exclusive interim protection for either side. The court applied the need for a strong prima facie case, balance of convenience and risk of irreparable prejudice at the temporary injunction stage, and set aside the injunction, leaving the dispute to be resolved in the suit or before the Registrar without interim restraint. en-us Tue, 01 May 2001 00:00:00 +0530 Thu, 28 May 2020 17:18:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288265 In a passing off and trademark dispute, interlocutory restraint on use of identical or highly similar marks was found unjustified because prior user was not clearly established on the available material. Advertisements, invoices and dealer letters did not conclusively prove uninterrupted commercial use, and the evidence was insufficient to support exclusive interim protection for either side. The court applied the need for a strong prima facie case, balance of convenience and risk of irreparable prejudice at the temporary injunction stage, and set aside the injunction, leaving the dispute to be resolved in the suit or before the Registrar without interim restraint. Case-Laws Indian Laws Tue, 01 May 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288265