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Wednesday, November 23, 2011

Injunction can also be sought in case of threatened use of a Trademark

In a suit for for permanent injunction, rendition of accounts, damages and delivery up of the infringing packaging and material filed by South African Breweries International (Finance) B.V. a company registered in Netherlands, along with its Indian joint venture company, promoted with SAB Group against Mohan Goldwater Breweries Ltd in year 2002 & Anr. Delhi High Court held that Injunction can be sought not only in a case of CS actual use but also in a case of threatened use of a trademark. The owner of a trademark is well within his right in coming to the Court, for grant of an injunction, the moment he has a genuine apprehension that the defendant is likely to infringe his mark or to pass off his goods as those of the plaintiff. He need not necessarily wait till actual invasion of his rights and the law entitles him to take remedial action, well in time, whenever there is a reasonable threat of his right being invaded.

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