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and Santa Fe is in compliance with the [Memorandum of] Agreement. Given the ongoing challenge to the MOA, defendants promise to remove the terms was only a promise, and they didnt carry the formidable burden of showing that it is absolutely clear the allegedly wrongful behavior could not reasonably be expected to recur. So injunctive relief claims could proceed.

588) of thorough analysis on the TRIPS Agreement, addressing issues such as articles of the agreement, the meaning of trademark, registration of trademark, and obstacle to registration in TRIPS, and issues of distinctiveness, and reaches conclusions on whether there is violation