Code of Civil Procedure HELD that even if there was a deceptive similarity between the names of two pharmaceutical products leading to a possibility of confusion, when the plaintiff’s product was not being sold in India but only exported, then no injunction could be granted against defendant’s product being sold in India August 30, 2020August 30, 2020 Indian IPR
Code of Civil Procedure Court deprecated the attempt of a defendant in a suit for infringement of trademark and passing off, to file a highly belated application for amendment and seek to bring on record a challenge to the validity of the mark in the written statement, after not having sought to raise this ground for several years when the proceedings were ongoing. August 30, 2020 Indian IPR
Code of Civil Procedure HELD law of infringement and passing off was not only geared towards protecting the rights of rights-holders alone but was also aimed at protecting consumers from being misled. The Court further held that even in case where, owing to complex issues at play, it was not possible for the Court to come to a prima-facie conclusion as to infringement, or the lack thereof, at the preliminary stage, it should nonetheless put in place certain interim measures to ensure that the parties do not continue to use the identical mark August 30, 2020August 30, 2020 Indian IPR
Code of Civil Procedure Court reiterated that Section 134 of the Trademarks Act confers jurisdiction on the court in addition to the general jurisdiction conferred on a court under Section 20 of the Code of Civil Procedure, 1908 (‘CPC’). May 31, 2020May 31, 2020 Indian IPR
Code of Civil Procedure Court issued certain practice directions in relation to the trial of trademark infringement matters. It was directed inter-alia that the following documents ought to be necessarily filed along with the plaint viz. Legal Proceedings Certificate of the trademark, a copy of the trademark registration certificate, copy of the trademark journal along with the latest status report from the website of the Trade Mark Registry etc., and it was further directed that parties ought not to be permitted to deny the factum of registration in a cavalier fashion. May 31, 2020May 31, 2020 Indian IPR
Code of Civil Procedure Court observed that permitting a party to air an advertisement which had already been found to be disparaging and, accordingly, restrained from being broadcast within a particular territory by another High Court, would be violative of the principle of comity of courts and the Court would in the normal circumstances veer towards adopting the same course of action as adopted by the other High Court. May 31, 2020May 31, 2020 Indian IPR
Code of Civil Procedure Section 20 of the Companies Act, 1956 – Code of Civil Procedure, 1908 – Decree of suits- Costs not awarded as defendant exparte – in an uncontested suit of this nature, it is not necessary to require the plaintiffs to lead evidence, and a summary disposal May 22, 2020 Indian IPR
Code of Civil Procedure DB : Quia timet action – Code of Civil Procedure, 1908 Order VII Rule 10 HELD for the purposes of Order VII Rule 10 CPC that this court has territorial jurisdiction and that the plaint ought not to be returned May 21, 2020May 21, 2020 Indian IPR
Code of Civil Procedure Delhi High Court (Original Side) Rules, 1967 – Rule 3, Rule 3(16) – Additional documents – Production – Power of registrar – Registrar/Joint Registrar is not empowered to grant leave to a party to produce its own document January 26, 2020 Indian IPR
Code of Civil Procedure Composite suit filed, for passing off and violation of CopyRight Act, jurisdiction to try one cause, such a suit is saved by Madras High Court, Clause 14 of Letters Patent, this provision saves the composite suit – Suit is not liable to be rejected August 10, 2019August 10, 2019 Indian IPR
