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Documents citing Lupin Ltd vs Johnson And Johnson on 23 December, 2014

Santosh Vishnu Mardhekar, Thr. ... vs Arun Shamrao Mardhekar on 3 September, 2024

27. Full Bench of this Court in case of Lupin Ltd. (supra) while dealing with a reference question "Whether the Court can go into the question of the validity of the registration of the plaintiff's trade mark at an interlocutory stage when the defendant takes up the defence of invalidity of the registration of the plaintiff's trade mark in an infringement suit?", held that there is no express or implied bar taking away the jurisdiction of the Civil Court to consider the challenge to the validity of the trade mark at the interlocutory stage by way of prima facie findings. The purpose of registered trademark was to prevent others from using an identical trademark. Paragraph no. 34 of the said judgment reads as under :-
Bombay High Court Cites 10 - Cited by 0 - A S Chandurkar - Full Document

Santosh Vishnu Mardhekar vs Arun Shamrao Mardhekar on 3 September, 2024

27. Full Bench of this Court in case of Lupin Ltd. (supra) while dealing with a reference question "Whether the Court can go into the question of the validity of the registration of the plaintiff's trade mark at an interlocutory stage when the defendant takes up the defence of invalidity of the registration of the plaintiff's trade mark in an infringement suit?", held that there is no express or implied bar taking away the jurisdiction of the Civil Court to consider the challenge to the validity of the trade mark at the interlocutory stage by way of prima facie findings. The purpose of registered trademark was to prevent others from using an identical trademark. Paragraph no. 34 of the said judgment reads as under :-
Bombay High Court Cites 10 - Cited by 0 - A S Chandurkar - Full Document

Santosh Vishnu Mardhekar, Thr. ... vs Arun Shamrao Mardhekar on 3 September, 2024

27. Full Bench of this Court in case of Lupin Ltd. (supra) while dealing with a reference question "Whether the Court can go into the question of the validity of the registration of the plaintiff's trade mark at an interlocutory stage when the defendant takes up the defence of invalidity of the registration of the plaintiff's trade mark in an infringement suit?", held that there is no express or implied bar taking away the jurisdiction of the Civil Court to consider the challenge to the validity of the trade mark at the interlocutory stage by way of prima facie findings. The purpose of registered trademark was to prevent others from using an identical trademark. Paragraph no. 34 of the said judgment reads as under :-
Bombay High Court Cites 10 - Cited by 0 - A S Chandurkar - Full Document
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