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”.
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.
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 knowledge of restrictive practices and the efforts to curb them is necessary for the licensors, licensees, the government officers, lawyers and all others concerned with trademarks, for engaging in successful business negotiation.
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.