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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Anand Beverages obtains an ex parte interlocutory order in a passing off suit. Which of the following can be included in such an order under section 135(2)?

The order can restrain the defendant from disposing of or dealing with assets in a way that adversely affects the plaintiff's ability to recover damages, costs or other pecuniary remedies. Section 135(2) also covers discovery of documents and preservation of infringing goods or evidence.

  1. ARestraining the defendant from disposing of or dealing with assets so as to hamper recovery of damages, costs or other pecuniary remediesCorrect
  2. BCancellation of the defendant's company registration
  3. CDirecting the Registrar to register the plaintiff's mark immediately
  4. DImprisonment of the defendant pending trial

Explanation

Section 135(2) lists discovery of documents, preserving infringing goods, documents or evidence, and restraining the defendant from dealing with assets in a way that harms the plaintiff's ability to recover pecuniary remedies. The other options are not listed in the section.

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