Kanpur: The commercial court of Varanasi recently granted an ex parte interim injunction in favour of the plaintiff, Lohia Corp Ltd of Kanpur, and restrained Five Fingers Exports India Private Ltd and others of Coimbatore from using the plaintiff’s Patent No 431032.The presiding Judge, Shailesh Kumar Tiwari, in his order asked the plaintiff, Lohia Corp, to take steps against the defendants for the disposal of the injunction application on merits. The defendants are restrained, by way of an interim injunction, from infringing the plaintiff’s Patent No 431032 and the patented invention titled ‘A Device and a Method for Controlling the Motion of a Spreader Bar’, by manufacturing, marketing, selling, or making unauthorised use of any Valve Bag Conversion Machine or any other machine, either by themselves or through any representative, employee, distributor, customer, stockist, or agent.
Moreover, they were further restrained from manufacturing, selling, or making unauthorised use of any parts of the said machine.The plaintiff company, Lohia Corp, claimed that it developed one of its research and manufacturing machines, ‘A Device and a Method for Controlling the Motion of a Spreader Bar’, and got it patented as Patent No 431032. The company came to know that the defendant was involved in manufacturing machines based on its patent, and their product was named ‘Fre Valvo.’The plaintiff claimed that the defendant companies were earning unlawful profits and financial benefits by selling and using the product based on its patent.
