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OtherDismissed September 14, 2023

Brihan Karan Sugar Syndicate Private Limited v. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana

2023INSC831

Court
Supreme Court of India
Bench
Abhay S. Oka, J., Rajesh Bindal, J.
Outcome
Dismissed
Date of judgment
9/14/2023

Key issue

Whether the High Court was justified in staying the execution of a trial court decree that granted an injunction for copyright infringement and passing off, given concerns about proof of goodwill and alleged acquiescence.

Summary

This case involves an appeal against a High Court order that stayed the execution of a District Judge's decree. The appellant, a liquor manufacturer, had successfully sued the respondent for copyright infringement of its 'Tango Punch' label and for passing off its 'Two Punch Premium' label as deceptively similar. The Trial Court had granted a permanent injunction and damages to the appellant. However, the High Court subsequently stayed the operation of this decree during the appeal process. The Supreme Court upheld the High Court's decision, finding that the appellant had not sufficiently proven goodwill for the passing-off claim and had acquiesced to the respondent's use of the label for the copyright infringement claim by withdrawing objections. Result: Appeal challenging the High Court's stay of a trial court decree for copyright infringement and passing off is dismissed.

Tags

#copyright infringement#passing off#acquiescence#interim injunction#stay of execution#proof of goodwill#deceptive similarity
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