Principles of Injunction under Order 39

Principles of Injunction under Order 39 

"At the preliminary stage of the suit, while deciding the application of the Plaintiff under Order 39 Rule 1 & 2 of Code of Civil Procedure, 1908 as also the application of the Defendant under Order 39 Rule 4, the court has to keep in mind the well settled principles governing the grant of injunction viz. prima facie case; balance of convenience and the harm or injury likely to be caused on account of the impugned acts of the Defendant."

Test which is to be applied while evaluating the question regarding the infringement is whether the totality of the proposed trade mark is such that it is likely to cause deception or confusion or mistake in the minds of persons accustomed to the existing trade mark.

Make My Trip (I) Pvt Ltd v. Make My Travel (I) Pvt Ltd [2019] GCtR 6463 (Delhi)