IP Case Law › Trade Marks › Sterling Agro Industries Ltd. v. Giriraj Gupta
Relevant Acts and provisions
Provisions considered: Trade Marks Act, 1999 (infringement)
Brief facts
Sterling Agro, registered proprietor of NOVA for ghee and dairy products, sued the defendant for infringing use of the mark.
Issues before the Court
Whether an ex parte interim injunction should be granted.
Court's findings
Prima facie the defendant was infringing the plaintiff's registered trade mark; without an injunction irreparable loss would follow that money could not compensate, and the balance of convenience favoured the plaintiff as registered owner.
Decision
Ex parte interim injunction granted restraining the defendant from infringing use of NOVA.
Key legal principle / ratio
A registered proprietor showing prima facie infringement, irreparable injury and balance of convenience is entitled to an ex parte interim injunction.
Important paragraph references
Operative paragraphs. Ex parte interim order; bench name not extracted in this pass.
Important: This case note is a research summary only. It must be verified against the full judgment by a qualified lawyer, advocate or patent/trade mark attorney before any reliance. Do not rely on it as legal advice; Ragulika IP accepts no responsibility for its accuracy or for any action taken on it.
Keywords
Dairy Products Ex Parte Injunction Ghee NOVA Registered Trade Mark
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