A temporary injunction stops an infringer while the case runs — and it often decides the war. To get one, you must clear three hurdles together: a prima facie case, the balance of convenience, and irreparable injury.
No formula — a weighing exercise
Courts consider the three conditions together, with no standard formula — it is a matter of judicial discretion, weighing the whole picture.
1. Prima facie case
A serious question to be tried and a real prospect of success — enough to justify interim protection. (This was the first condition covered in the earlier part of the discussion.)
2. Balance of convenience
A relative assessment: the loss and hardship to the party denied relief should be greater than to the other side. Unless the balance clearly favours one party, courts usually decline an injunction, since the other party would suffer.
3. Irreparable injury
Per Dalpat Kumar v. Prahlad Singh, irreparable injury is “a material one that cannot be adequately compensated by way of damages.” Where such injury is likely, courts hold the status quo by injunction — because money later cannot undo the harm now.
Infringement vs passing off
- Infringement. For a registered mark, registration confers exclusive rights — and, as the Supreme Court noted in American Home Products v. Mac Laboratories, the balance of convenience in infringement cases tilts toward the plaintiff.
- Passing off. For unregistered marks, you must prove the classical trinity — goodwill, misrepresentation, and damage (or likely damage). (See our passing off note.)
Well-known / trans-border marks
An unregistered mark with trans-border reputation can still get an injunction, on the strength of Indian use, advertising and consumer awareness — which also supports the irreparable reputational damage limb. (See trans-border reputation.)
The takeaways
- Line up all three — a strong prima facie case alone is not enough if the balance or injury elements fail.
- Registration helps the balance tilt your way in infringement.
- Reputation supports irreparable injury — evidence of goodwill and awareness matters. After the interim stage come permanent injunction and damages.
Frequently asked questions
What must I prove for a temporary trademark injunction in India? Three things together — a prima facie case, that the balance of convenience favours you, and that you would suffer irreparable injury not compensable in damages.
What is “balance of convenience”? A relative assessment of hardship — the loss to the party denied relief should be greater than to the other side.
What is “irreparable injury”? Material harm that cannot be adequately compensated by damages, such as damage to reputation or goodwill.
Does registration help in getting an injunction? Yes — in infringement, the balance of convenience tends to tilt toward the registered proprietor.
Legislation referred to
- The Trade Marks Act, 1999
- Code of Civil Procedure, 1908