Search for: "Application of American Cyanamid Company" Results 1 - 20 of 26
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6 Nov 2014, 7:30 am
The balance of justice favoured the grant of an injunction.At different times, interim injunctions have been easier and more difficult to obtain, creating an aura of uncertainty about the application of American Cyanamid -- the fortunes of which have also waxed and waned. [read post]
29 Apr 2019, 4:17 am by Jeremy Blum
The judge stated that this finding alone was sufficient to dispose of the interim injunction application, but he went on to consider the third limb of the American Cyanamid test nonetheless. [read post]
13 May 2016, 4:27 pm by INFORRM
The first application was an application by two individual claimants and their travel company, Power Places Tours Inc., to enforce the terms of a settlement agreement against a defendant to an existing action in defamation and harassment. [read post]
9 Apr 2015, 12:26 am
 He understands that a court may apply American Cyanamid principles and order an infringer to stop infringing -- but can they be stretched far enough to cover what Actial really wants, which is a resumption of the supply of the trade mark-protected product? [read post]
4 Jan 2017, 10:06 am
Fast food companies are listening and encouraging chicken farms to do the same. [read post]
4 Jun 2007, 10:39 am
The First Circuit had ruled in the 2004 decision in American Cyanamid v. [read post]
23 Oct 2011, 2:10 pm by NL
The claimant must show at least a "strong prima facie case" and the balance of convenience test in American Cyanamid Company v Ethicon [1975] AC 396, does not apply, see Francis v The Royal Borough of Kensington and Chelsea [2003] EWCA Civ 443-paragraph 16. [read post]
23 Oct 2011, 2:10 pm by NL
The claimant must show at least a "strong prima facie case" and the balance of convenience test in American Cyanamid Company v Ethicon [1975] AC 396, does not apply, see Francis v The Royal Borough of Kensington and Chelsea [2003] EWCA Civ 443-paragraph 16. [read post]
22 Mar 2018, 2:06 am
  This must be on the assumption that the defendant is good for the damages: See American Cyanamid at page 408. [read post]
20 Jun 2007, 5:14 am
Traders who make claims for their products which they cannot readily and firmly justify will have to live with the risk that their rivals can honestly and reasonably call those claims into question pending a final resolution as to whether the claims are in fact good". * on this basis, applying the American Cyanamid [1975] AC 396 standards for granting interim relief, the Court of Appeal would dismiss Boehringer's appeal.The IPKat says, the fact that the Human Rights Act… [read post]
10 Dec 2016, 11:31 am by Lawrence B. Ebert
American Cyanamid,774 F.2d 448 (CAFC 1985) Judge Giles Rich wrote:The issue of obviousness is determined entirely with reference to a hypothetical "person having ordinary skill in the art. [read post]
4 Jul 2013, 1:47 am
Birss J granted the claimants' applications and allowed all but one of the claimants' requests for redaction. [read post]
5 Jun 2016, 11:05 pm
 The American Cyanamid principles also apply (i.e. serious question to be tried, adequacy of damages, balance of convenience and whether the status quo should be maintained).The decisionThe judge found that the balance of convenience favored granting the interim relief. [read post]
3 May 2007, 6:29 pm
American Cyanamid Co.: "one who thinks along the line of conventional wisdom in the art and is not one who undertakes to innovate, whether by patient, and often expensive, systematic research or by extraordinary insights, it makes no difference which. [read post]
21 Jun 2010, 2:00 am by Adam Wagner
Good arguable claim The context of applying for an interim injunction is important: an applicant need only show that they have a “good arguable claim“; the hearing is not intended to represent a full hearing of the merits of the case (see American Cyanamid Co. v. [read post]