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2001 (11) TMI 978 - SC - Indian LawsWhether, on the facts and circumstances of the case, the High Court committed an error in granting the plaintiff's prayer for interim injunction? Whether the mark is likely to deceive or to cause confusion? Whether there is as a result of misrepresentation a real likelihood of confusion or deception of the public and consequent damage to the plaintiff? Held that:- Appeal dismissed. As the plaintiff has established a prima facie case and irreparable prejudice in its favour which calls for passing an order of interim injunction restraining the defendant-company from utilising the name of plaintiff for the purpose of its trade and business. Therefore, High Court cannot be faulted for confirming the order of injunction passed by the learned Single Judge.
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