Скачать или смотреть Urgent Trademark Alert Supreme Court's Explains Criteria for Grant of Interim Injunctions Must KNOW!

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In this video, we break down a recent landmark Supreme Court of India ruling that lays down the criteria for deciding trademark infringement cases. The judgment, delivered by a bench of Justices J.B. Pardiwala and R. Mahadevan, sets a clear precedent for granting interim injunctions.

We'll use the Pernod Ricard vs. Karanveer Singh Chhabra case as a case study to explain the principles in detail. The Court dismissed Pernod Ricard's appeal, stating that the "LONDON PRIDE" whisky brand does not have a deceptive similarity to their "BLENDERS PRIDE" brand.

The video will cover the five crucial factors that courts must consider cumulatively before granting interim relief, as outlined by the Supreme Court:

Serious question to be tried: The plaintiff must present a genuine and substantial claim that is not frivolous or speculative.
Likelihood of confusion: Courts will assess the probability of consumers being deceived, and if this likelihood is weak, interim relief may be declined.
Balance of convenience: The court must weigh the potential harm to both parties. If refusing an injunction would cause irreparable harm to the plaintiff's brand goodwill, the balance may favor granting it.
Irreparable harm: We'll explain how damage to a brand's identity or consumer goodwill is often difficult to quantify, making a remedy of damages inadequate.
Public interest: The court may also consider whether injunctive relief is necessary to prevent confusion or deception among the public, especially for widely consumed goods.

This judgment provides critical insights for anyone interested in intellectual property law in India.