Permanent injunction is granted or denied at the discretion of the court after investigation of all the facts at the trial. This discretion “when applied to a court of law means discretion guided by law. It must be governed by rule and not by humor. It must not be arbitrary, vagile and fanciful, but legal and regular”.
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Both shape of the product and packaging are eligible for trademark registration. This recognition of shape trademarks would also permit unregistered shape trademarks. Naturally the shape trademarks would be protected by way of infringement and passing off proceedings.
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The registered trademark owners enjoy the exclusive right on that particular trademark. The owner could use the same for all the products which fall under the classes applied. Additionally, the owner can use the ownership of the trademark and it stops the unauthorized usage of the trademark from others under the same class where it had been registered. It provides the right to sue the unauthorized use of the trademark registered.
Enterprises seeking to maximize profits may sometimes engage in practice while exploiting trademarks by way of licensing seeing them as valid practices, but which in fact are dubbed as restrictive practices.
The decree must be reasonably specific as to acts which are prevented. Injunctions are sometimes passed in general terms such as form otherwise in any manner whatever unfairly competing with the plaintiff.