Search for: "Application of American Cyanamid Company"
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10 Jun 2020, 8:10 am
Marcus Smith J’s analysis began with a condensed summary of American Cyanamid, noting that each of the stages is a gate to be passed through and that should the applicant fail at any stage, an injunction should be refused. [read post]
20 Oct 2010, 2:07 am
While the judgment seems to be correct on facts, its understanding and application of American Cyanamid raises a few eyebrows [read post]
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]
8 Jan 2020, 10:03 pm
American Cyanamid (cited by the applicant), because that case concerned the arrangement, selection, and coordination of particular data rather than a general interface for all relevant data. [read post]
13 May 2016, 4:27 pm
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]
25 May 2016, 4:23 pm
Judgment The claimant argued that the American Cyanamid test for an interim injunction should be applied. [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]
15 Jan 2015, 10:51 am
The case DELANO FARMS COMPANY v. [read post]
17 Aug 2023, 6:37 am
As such, under the third limb of American Cyanamid, the application for a continuing broader injunction failed. [read post]
26 Jun 2020, 2:53 am
The High Court recalled that such claims are to be assessed under the four stages laid down in American Cyanamid [here]: Stage 1: Is there a serious question to be tried? [read post]
5 Apr 2023, 5:18 am
However, the Supreme Court noted that there is a point of law of public general importance touching on the question of whether the four-stage test for PIs outlined in American Cyanamid should be applied in a rigid and strictly sequential manner or whether a more overarching and flexible approach would be more appropriate. [read post]
8 Aug 2020, 11:42 am
InjunctionGiven that the court had already concluded that there is a serious issue to be tried, the only remaining elements of the American Cyanamid test were: (i) would damages be an adequate remedy; and (ii) where lies the balance of convenience? [read post]
31 May 2012, 5:43 pm
” He emphasised the difference between this test and the usual American Cyanamid approach and highlighted the effect of Cream Holdings Ltd. v. [read post]
23 Oct 2011, 2:10 pm
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
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]
17 Jun 2010, 5:00 am
American Cyanamid, Inc., slip op. [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]
