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Nehn On behalf of the Respondents, by way of example, heads of argument were filed to cater for each of the objections taken. The fact that the mould resembles that of a Broquet pump is according to the Respondents entirely fortuitous as that is what an external gear pump with rotor lobes looks like.
Filter presses with manual and automatic plate shifting and plate sizes from x to x It is trite law that an application for an amendment should as a rule be granted unless the prejudice to the other party is of such a nature that the proposed amendment should not be granted. Lubrication technology for individual machines and production plants in the food, beverage, packaging and paper processing industries.
One may freely and exactly copy it without his leave and without payment of compensation. The infringement of copyright formed part of the evidence for the other and more material relief sought and in that the Applicant was singularly unsuccessful.
Gear pumps Pumps Centrifugal pumps Submersible pumps Heat exchangers. The onus of establishing the likelihood of confusion on a balance of probability rests upon the Applicant; and inasmuch as these proceedings are by way of affidavit I must decide whether the Applicant has succeeded in discharging that onus by virtue only of those facts that are admitted by the Respondents broquuet which are not the subject of a genuine dispute. ESST Member Details Public policy is against protecting the shape and configuration of functional or utilitarian articles as opposed to an article whose shape is capricious or which incorporates capricious features or shape as was the case in Weber Stephen Products Co.
Gear pumps Pumps Portable electrical pumps. Do you sell or make similar products? The business of the Applicant is the design, manufacture and marketing of industrial pumps and components throughout the world. It is also claimed that the MP pumps had undergone significant changes from the original Broquet pumps the most notable of which is that stainless steel is used in its manufacture as opposed to ductile iron and mild steel, a wear plate was introduced and the direction of flow was configured to go both clockwise and anti-clockwise.
Granting the Applicant the costs of this application. Hearsay evidence falls to be ignored even in the absence of a formal objection thereto or an application to strike out the contents that amounts to hearsay evidence and the same will apply to conclusions drawn by a witness not supported by any facts and based on conjecture or idle speculation.
The probabilities are simply overwhelmingly in favour of the fact that the specific consumers knew that they were not purchasing Broquet pumps and any evidence in the affidavits to that effect was in any event based on inconclusive speculation and hearsay.
He says this explanation lacks candour and should therefore be rejected as false. Gear pumps Pumps Pump-driven power stations, installations and equipment Centrifugal pumps Submersible pumps. It is difficult to imagine in what respects the Respondents would have changed the contents of the affidavits filed in opposition to the application had the proposed amendment been an order sought from the beginning.
As noted in the locus classicus in the field, Schultz v Butt: It is submitted that as a matter of law it cannot do this. Its clear intention in this regard appears from its founding papers and the relief sought to which reference has been above.
We develop, produce and sell pumps and It was the first Italian company in the farming machinery sector to Gear pumps Pumps Vacuum pumps Piston pumps Centrifugal pumps.
Manufacturing or selling the offending pumps in the form shown in annexure OB9 to the founding affidavit. According to him First Respondent provides professional engineering services to various industries including the sugar industry. The Applicant brought a substantive application for condonation for brpquet late filing of this affidavit and this application was likewise opposed by the Respondents.
Gear pumps Pumps Centrifugal pumps Submersible pumps pumps for acids. During the driving force behind the pump business of Rely Precision Castings died and First Respondent took over the brooquet in supplying pumps to industries similar to the Broquet pumps but changed the name of the pump from an RM pump to that of an MP pump and sold the first MP pump during GMF has been working in the sector for over 50 years.
This principle is reinforced particularly in the law relating to passing-off whereas as a matter of policy passing-of relief is excluded in broquer case of the shape or configuration of functional or utilitarian articles or components of functional or borquet articles.
But it is not limited broqjet unlawfulness of that kind. Using the parts codes currently used by them in relation to the offending pumps; or. The applicant does not contend that the reverse engineering i. I think he is then entitled to copy those and make a machine, line to line, angle for angle, rboquet as to the length, width, thickness and quality of materials exactly the same as the machine that had been patented… He is entitled to make an exact replica.
In the answering affidavit a breach of copyright was admitted and in argument before me it was conceded on behalf of the First Respondent that the order in paragraph 1 of the Notice of Motion should be granted. In such a case, the unlawfulness which is a requisite of Pups liability may fall into a category of clearly recognized illegality…. Parts codes currently used by them in relation to the offending pumps; or. Related searches Lumps lubricants Lubricants for cars sewage pumps mechanical drives bicycle gears cylindrical gears speleology gear transmission gears geared motors.
Gear pumps Pumps Pump-driven power stations, installations and equipment Piston pumps Centrifugal pumps. More about this will follow in due course. The performance graphs and other works covered by the order in a pumls relation to the offending pumps. TOP Related Articles.
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