Good Life Industries vs J R J Foods Pvt Ltd on 22 December, 2022
"83. In my view, merely because the application of the
plaintiff for rectification of the registration of the
trademark of the defendant is pending before the
Intellectual Property Appellate Board, that cannot be a
bar against this Court from deciding issue of infringement
under Section 28 (1) of the Trade Marks Act, 1999 and to
render a prima facie finding on the issue of validity of the
registration for a limited purpose for granting interim
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C/AO/10/2021 ORDER DATED: 22/12/2022
relief against the defendant. Such prima facie finding,
however, rendered by the Court would not affect the
outcome of the final conclusions, as may be drawn by such
Intellectual Property Appellate Board in the said
application filed by the plaintiff. The principle of law laid
down by the by Full Bench of this Court in the case of
Lupin Ltd. Vs. Johnson & Johnson (supra) squarely applies
to the facts of this case. I am respectfully bound by the
said judgment.