https://www.taxtmi.com/caselaws?id=458907 Forum shopping and lack of bona fides can defeat interim relief where a party withdraws earlier proceedings after failing to obtain protection and then seeks the same restraint in a new forum. The court also found the alleged oral family settlement uncorroborated and insufficient, on a prima facie basis, to establish an exclusive right over the mark for Class 12 goods. By contrast, the appellants showed longstanding prior continuous use, attracting protection under Section 34 of the Trade Marks Act, 1999. On the interlocutory record, the respondent could not sustain an interim injunction and the restraint against the appellants was set aside. en-us Fri, 28 May 2021 00:00:00 +0530 Thu, 21 Nov 2024 19:30:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458907 Forum shopping and lack of bona fides can defeat interim relief where a party withdraws earlier proceedings after failing to obtain protection and then seeks the same restraint in a new forum. The court also found the alleged oral family settlement uncorroborated and insufficient, on a prima facie basis, to establish an exclusive right over the mark for Class 12 goods. By contrast, the appellants showed longstanding prior continuous use, attracting protection under Section 34 of the Trade Marks Act, 1999. On the interlocutory record, the respondent could not sustain an interim injunction and the restraint against the appellants was set aside. Case-Laws Indian Laws Fri, 28 May 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458907