Dr. Reddys Laboratories Limited vs Fast Cure Pharma And Anr. on 12 October, 2023
In Nippon Paint Holdings Co. Ltd. and Another v. Suraj Sharma [A.No.556
of 2024 in C.S.(Comm.Div) No.7 of 2024], the Madras High Court
considered the question whether it is having the territorial
jurisdiction to transfer to itself by way of consolidation the
Rectification Petition filed by the applicants/plaintiffs under Section
57 of the Trade Marks Act, pending before the Trade Marks
Registry at New Delhi, since the Infringement Suit is pending
I.A No.2/2025 & SPJC 2/2025
12
2025:KER:79840
before it. The Madras High Court considered the decisions of the
Delhi High Court in Dr. Reddys Laboratories Ltd. & The Hershey Company
(supra). The Madras High Court allowed the Application seeking for
transfer of the rectification proceedings from the file of the Trade
Marks Registry, New Delhi to it. The following two findings of the
Madras High Court are relevant in this case.