Pidilite Industries Limited vs Poma-Ex Products And 15 Ors on 2 August, 2017
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 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.