AIROnline 2023 SC 721

Supreme Court Of India

Hon’ble Judge(s):

Abhay S. Oka,
Rajesh Bindal
, JJ

(A) Civil P.C. (5 of 1908) , O.41 R.5— Stay of execution of decree – Pendency of appeal – Decree for permanent injunction on ground of passing off – At time of final hearing of suit, appellant failed to prove figures of sales and expenditure incurred on advertising and promotion of product – Only by producing statements without proving contents thereof, appellant could not have established its reputation or goodwill in connection with goods – Said aspect made out a prima facie case for grant of stay to execution of decree in favour of defendant/respondent regarding passing off action – Even assuming that allegation of deceptive similarity in labels used by respondent was established by appellant, one of the three elements which appellant was required to prove, was not proved – Order of High Court staying decree granting injunction for action of passing off was justified.
D/-23-06-2021 (Bom)-AffirmedAIROnline 2015 SC 156-Relied on

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(B) Civil P.C. (5 of 1908) , O.41 R.5— Stay of execution of decree – Pendency of appeal – Decree for permanent injunction on ground of infringement of copyright – When permission was sought by defendant/respondent to use infringed labels, plaintiff/ap….