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Micolube India Ltd. vs Maggon Auto Centre And Anr. on 7 February, 2008

20. This Court finds no valid reasons to take different view than the one taken by the Division Bench of this Court in 'Puma Stationer P.Ltd.' (supra) and 'Micolube India Ltd.'(supra). Having recourse to Section 151 CPC to stay the proceedings in a suit for 'passing off', as urged by the learned counsel for the defendant, is uncalled for as Section 124 is very specific and makes it clear that it is applicable only to suits for infringement.
Delhi High Court Cites 17 - Cited by 28 - B D Ahmed - Full Document

M/S Bhagwan Dass Khanna Jewellers vs Bhagwan Das Khanna Jewellers Pvt Ltd & ... on 8 March, 2017

In 'Bhagwan Dass Khanna Jewellers Pvt. Ltd.& Ors. vs. Bhagwan Das Khanna Jewellers' (supra), the Division Bench of this Court observed that it is the Court's duty to frame the issue and adjourned the case for three months and non-observance of the said recourse cannot lead to the abandonment of the plea or the application under Section 124 being time barred and the time limitation in such a case shall not start running against the party. Settled position is that the issue with respect to invalidity of the trademark is to be decided by the Board and not by the Civil Court.
Delhi High Court Cites 13 - Cited by 2 - B D Ahmed - Full Document
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