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The Laurie Marsh Group Ltd. It is inevitably always an important question in cases of this kind whether or not the public are being confused, because the Court, apart from deciding the conflict that there is between the parties, has always got to have the interests of the public in mind and it is highly desirable that in the field of businesses, as much as it is in the field of trade marks for goods, the public should be put in a position where they are likely to be deceived or confused.
That, however, is a matter which has finally to be determined on the final hearing of the action, that is to say, the position as regards the public.
India Stationery Products Co.
Kirpal observed in para 29 as under: After a number of years when the case is finally disposed of, after trial, and the plaintiff succeeds and gets permanent injunction then, possibly the plaintiff may also be compensated by his being awarded damages or an account of profits that sense the non-grant of the interim injunction would not, ultimately, prejudice the plaintiff for he may be compensated with payment of money but during this period when the defendant is allowed to continue to infringe the intellectual property it is the consumer or the purchaser who alone suffers and who ultimately cannot be compensated.
Therefore, in order to curb the means of manufacture, production and sale of spurious goods and the blatant violation of intellectual property it will be proper for the Court to take into consideration the interest of the general public.
In this regard reference may usefully be made to the following observations of Mccarthy at pagepara In trade mark infringement cases, "third parties" means the buying public. If the equities are closely balanced, the right of the public not to be deceived or confused may turn the scales in favour of a preliminary injunction.
Kirpal took the view that "delay or laches may defeat the claim of the damages or rendition of account but the injunction should not be refused because it is in the interest of general public. Nevertheless, if the Court comes to the conclusion that prejudice is likely to be caused to the general public who may be misled into buying the goods manufactured by the defendant thinking them to be the goods of the plaintiff then an injunction must be issued.
The Court may, in appropriate cases, allow some time to the defendants to sell of their existing stock but an injunction should not be denied. AIR Bom In the case in hand, it is apparent that 10 years period of the collaboration agreement dated 15th April has expired long ago and it has also been revoked as well by notice.
Thus, the licence to use the trade marks in both the actions had ceased to exist. The principle being that there could only be one mark, one source and one proprietor. Is is notable that the revocation had taken place on account of admitted failure of the appellant to pay a colossal sum of Rs.
The respondents have also produced numerous letters on record complaining against substandard quality of the products supplied by the appellant. In view of the above factors, the learned Single Judge was absolutely justified in taking the view that once the Agreement dated 15th April, was cancelled, the defendant would cease to have any right at all to use the marks and if the defendant is permitted to pass off his implants and instruments etc.
Innocent persons coming to the hospital for the bone surgery would be put to irreparable loss and prejudice. However, in this respect, there could be two points of view-one, that the complaints could be promoted and biased ones and therefore we may not be very much justified in saying that the goods are substandard specially in view of the general bias in favour of imported goods; secondly, this is not the stage where we should make any categorical statement.
Even if we ignore this aspect, these precious implants and medical instruments originating from two different sources would certainly cause confusion on account of not only slight deceptive similarity but total similarity in view of the user in the instant case.
This would not be in public interest for, the public is entitled to know the source of origin of such implants and medical instruments to appreciate the distinction of the two products based on the reputation of the two origins and the experience of medical experts in respect of medical implants and instruments originating from two different sources.
This by itself is a reason to reject these two appeals. Authority to institute suit and sign and verify pleadings 5. Hartman, the alleged power of attorney holder on behalf of both the Swiss Companies does not have any valid power on behalf any of the two.
He cannot be allowed under law to sign and verify the plaint on behalf of the Swiss Companies and to file a suit. Bettlach are companies other than banking companies which have not been incorporated under any law in force in India.
The submission of the learned Counsel is that since two plaintiff companies are foreign companies and the suit has been filed by Mr. Hartman without obtaining permission of Reserve Bank of India, the two suits were not competent in view of the aforesaid provision.
Except saying that such factual issues ought to be raised before the Trial Court at the appropriate time and such issues ought not to be brought at this stage before the Appellate Court, the argument has not been replied by the respondents.
Before the learned Single Judge, the questions about proof of Power of Attorney with reference to Section 78B of the Indian Evidence Act, as well as about violation of the provisions of Foreign Exchange Regulation Act were raised and argued.Supply Chain Consulting Training in Pune Logistics and Supply Chain, and Management consulting firms in Bangalore contributes to more than 64% supply chain consulting jobs.
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