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january 2004

Supreme Court of India · 2004-01-22

Midas Hygiene Industries P. Ltd. And ... vs Sudhir Bhatia And Ors.

Citation / case number
AIRONLINE 2004 SC 102
Court
Supreme Court of India
Petitioner
Midas Hygiene Industries P. Ltd. And ...
Respondent
Sudhir Bhatia And Ors.
Bench
S.N. Variava, H.K. Sema

Judgment text excerpt

The Supreme Court held that in cases of trademark and copyright infringement, an injunction should typically be granted unless there is a compelling reason otherwise. The Court emphasized that mere delay in filing a suit does not negate the need for an injunction, especially when there is prima facie evidence of dishonest adoption of a mark. The Court restored the interim injunction granted by the Single Judge, finding that the Respondents' use of the mark 'LAXMAN REKHA' was likely to cause confusion and constituted passing off, thus upholding the Appellants' copyright and trademark rights under the Copyright Act, 1957 and the Trade Marks Act, 1999.

Midas Hygiene Industries P. Ltd. And ... vs Sudhir Bhatia And Ors. · Niyam