Ravi Krishan Kapur, J.:
1. This is a suit filed for groundless threats of legal proceedings under section 142
of the Trade Marks ... alleges to be the
groundless threats. Once the suit is filed for infringement, the threats are no
longer groundless. All rights and liabilities
defendant Nos. 1 to 3 from making
any wrongful and groundless threats against the plaintiff as contained
in the letters dated 31st March ... defendant Nos. 4 to 9 from making
any wrongful and groundless threats against the plaintiff as contained
in the letter dated 30th March
notice. The defendant
responded to it by filing a suit alleging groundless threat. The interim
application filed by the defendant was disposed of by recording
mark and/or in any way carrying on or continuing the groundless threat contained in the said letter or from making similar threats ... entitled to come to Court and have it adjudicated that such threats are groundless. But the said section in my view is not intended
plaintiff- RTB under
section 60 of the Copyright Act, 1957 against groundless threats of initiating
legal proceeding, made by IPRS.
25. At this stage ... reproduced hereinbelow: -
"60. Remedy in the case of groundless threat of legal
proceedings. - Where any person claiming to be the owner of
copyright
which reads as follows :
"36 Remedy in case of groundless threats of legal proceedings : Where any person claiming to have an interest ... threats contained in the said letter of 18th of July, 1960. According to paragraph 5 of the plaint, the threats of legal proceedings are groundless
which reads as follows :
"60. Remedy in the case of groundless threat of legal proceedings.--
Where any person claiming to be the owner
after a period of 11 months. Prima facie, the suit for groundless
threats filed by the respondent was obviously aimed to ensure a
smooth launch
have done. Section 60 of the Copyright Act, 1957
deals with groundless threat no order of injunction can be
granted on this ground in view ... grounds of groundless threats. Therefore, the orders by which
civil remedies are restrained and in view of C.S.No.112 of
2010 filed
protection to the registered owner of
the Trade Mark against a groundless threat of legal proceedings. Sometime a trader
without any justification or basis whatsoever ... submission
prima facie that there has been no threat. Threat does not necessarily mean issuance of
threat notice or desist notice or caution notice
