Arora, a former employee of Sunrise Chemicals, starts selling insecticide chalk in cartons bearing…
Besides holding that delay does not defeat an injunction, Midas Hygiene added that "The grant of injunction also becomes necessary if it prima facie appears that the…
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Arora, a former employee of Sunrise Chemicals, starts selling insecticide chalk in cartons bearing Sunrise's mark and a near-identical colour scheme. Sunrise sues for infringement and seeks an interim injunction. Arora cannot explain why he chose that mark and those colours. Following Midas Hygiene Industries v Sudhir Bhatia (Supreme Court, 2004), the court should treat the injunction as
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Besides holding that delay does not defeat an injunction, Midas Hygiene added that "The grant of injunction also becomes necessary if it prima facie appears that the adoption of the Mark was itself dishonest." In that case the respondent had worked with the appellants and could not explain his cartons, much like Arora. A mere order to keep accounts was the very approach the Supreme Court set aside.
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