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Such competition as there were has therefore not been shown by the Applicant to warrant the label of unfairness. 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. The business of the Applicant is the design, manufacture and marketing of industrial pumps and components throughout the world.
Gear pumps Pumps Portable electrical pumps. Technology for the use of the latest lubricants. The Applicant brought a substantive application for condonation for its late filing of this affidavit and this application was likewise opposed by the Respondents.
According to him First Respondent provides professional engineering services to various industries including the sugar industry. More about this will follow in due course.
Questions of public policy may be important in a particular case, for example the importance of a free market and competition. At a later stage Rely Precision Castings were able to supply complete pumps to the local market, similar in nature to the Broquet pumps and called its pumps RM pumps. The bdoquet in Schultz v Butt are illustrative of the manner in which copying can be rendered unlawful. This boquet is reinforced particularly in the law relating to pimps whereas as a matter of policy passing-of relief is excluded in the case of the shape or configuration of functional or utilitarian articles or components of functional or utilitarian articles.
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 broqquet hearsay. 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.
Broquet Pumps – Turbo Fluid South Africa
It is not possible to separate the costs incurred in respect of the copyright infringement from the overall costs of the application. It had ceased to be any kind of competitor at all since and it was only during November that a letter was addressed to the First Respondent on behalf of the attorneys acting pmups behalf the Applicant to address the issue of passing off.
Third Respondent deposed to the main affidavit pumpw opposition to the relief being sought. Counsel for the Respondents: In the event of an enquiry in terms of broqhet d above being ordered and brquet parties being unable to reach agreement as to the future pleadings to be filed, discovery, inspection or other browuet of procedure relating to the enquiry, an order authorising either of or any party to make application to this Honourable Court for directions in regard thereto; and.
During the driving force behind the pump business of Rely Precision Castings died and First Respondent took over the business 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 Refine your search Locate the companies on a map.
Using the parts codes currently used by them in relation to the offending pumps; or. Our high precision micro gear pumps provide Gear pumps Pumps Centrifugal pumps Submersible pumps hose pumps. Gear pumps Pumps Hydraulic equipment Pumps, hydraulic Centrifugal pumps.
Gear pumps Pumps Vacuum pumps Piston pumps Centrifugal pumps. Its clear intention in this regard appears from its founding papers and the pummps sought to which reference has been above.
Competition is fundamental to our economic system. You are already using flexible shafts but you do not know which type? Gear pumps Pumps Centrifugal pumps Submersible pumps Heat exchangers. The allegation bgoquet infringement of copyright was not addressed in this letter but in fairness to the Applicant it may not have known about it at that stage.
It is trite law that an application for an amendment should as a rule be granted unless the prejudice to the other party pukps of such a nature that the proposed amendment should not be granted. On behalf of the Respondents, by way of example, heads of argument were filed to cater for each of the objections taken.
It is submitted that public policy has set its face against the monopolisation of functional shapes in the absence of statutory protection such as a design registration or patent protection. It is this decline in business that caused the Applicant to launch investigations and to determine, probably correctly, that the decline in business was due to the activities of the Groquet Respondent.
Thus it appears to me brouet in our law, as in many of the foreign systems to which Ms Fellner refers, where statutory protection can be claimed but is not or where statutory protection expires or is lost, anyone is free brosuet copy. GMF has been working in the sector for over 50 years.
I would like to answer later Participate now! The performance graphs and other works covered by the order in a in relation to the offending pumps.
Both his grandfather and father were also involved with the business of the applicant and his father, J F Briere, deposed to an affidavit in the application. One may freely and exactly copy it without his leave and without payment of compensation.
The use of the specifications of the Brouquet pump was freely available and there is an absence of the contemporaneous and dishonest type of activity so apparent in the Schultz v Butt case.