Exparte Interim Relief in Trademark Disputes- Judicial Approach

Preface

To ensure timely and effective enforcement of IPRs, Courts use a variety of tools like injunctions, search and seizure orders etc. These interim remedies play a vital role in ensuring prompt protection of IPRs of the owner. Generally, the Courts are required to give a notice to the opposite party before granting injunctions and interlocutory orders. Sometimes even the slightest delay in obtaining injunction would cause irreparable injury to the plaintiff. In such cases, the Courts may overlook the requirement of giving notice to the opposite party and grant what is called the exparte ad interim injunction. However, the policy is that exparte injunctions are to be granted only where the notice to the infringer would defeat the object of granting the injunction. In the recent case of Cisaco Technologies V. Shrikant 2005 (31) PTC 538 (Del.), Delhi High Court passed exparte injunction order against the infringer. Besides this the Court also passed comprehensive interlocutory