Supreme Court Clarifies Factors to Grant Interim Injunctions in Trademark Cases

The Supreme Court has clarified the criteria for granting interim injunctions in trademark infringement cases, emphasising that each case depends on its own facts.

While the Trade Marks Act, 1999 sets no rigid test, the Court said injunctions require a cumulative consideration of factors serious question to be tried, likelihood of confusion, balance of convenience, risk of irreparable harm, and public interest. 

Drawing from American Cyanamid Co. v. Ethicon Ltd. (1975), it noted damages may be inadequate where goodwill or brand identity is at stake.

Deciding Pernod Ricard’s appeal, the Court upheld the lower courts’ refusal, ruling London Pride whisky not deceptively similar to “Blenders Pride.”

[Pernod Ricard India Pvt v Karanveer Singh Chhabra]