trademark and cancellation of the trademark of Respondent 1. That
as an independent right, independently conferrred by Section 57 of the
Trademarks Act ... trademark
only where the matter suffers the drill of clause (ii) in the second part
of Section 124 of the Trademarks Act, i.e. where
Trademarks Act) Ms Lightbook & Anr vs Mr Pravin Shriram Kadam & Ors on 19 May, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar ... 2022 and I.A. 7839/2022 ( Section 124 of the
Trademarks Act)
MS LIGHTBOOK & ANR. ..... Plaintiffs
Through: Mr. Avnish Ahlawat, Mrs.
Palak Rohmetra
Plaintiff's trademark SNAPDEAL as a well-known
mark as defined under Section 2(zg) of the Trademarks Act, 1999.
16. With the plaint ... association" within the meaning of Section 29(2) of the
Trademarks Act, as what is required by the said provision is
"likelihood
infringes the plaintiff's registered trademark within the meaning of
Section 29(2)(b) of the Trademarks Act, subject, of course, to the
infringement ... loath to deny the registered trademark the statutory
protection against infringement which Section 28(1) of the
Trademarks Act confers on it, on the ground
borders of India and, therefore, statutorily outside the reach of the
Trademarks Act, 1999 , as well as the Code of Civil Procedure ... Analysis
7. Sub-section (1) of Section 134 of the Trademarks Act, 1999
reads thus
marks,
registered under Section 23(1) of the Trade Marks Act, 1999 :
S. Trademark Applicatio Class Date of
No n No. Application ... under the Trade Marks Act , and the applications
have cleared the stage of checking for compliance with requisite
formalities.
S. Trademark Date of User Classes
creature of the Khadi and Village Industries
Commission Act, 1956 ("the KVIC Act"). The KVIC was itself
constituted in 1957. Since then ... assumed that the plaintiff's trademark
KHADI is in fact a well-known trademark. Where the same
trademark is registered in favour
trademark ABROS to ASIPL.
(ii) Resultantly, ASIPL was the proprietor of the following
trademarks, registered under the Trade Marks Act, 19994 :
4 "the Trade ... trademark,
therefore, the said trademark cannot be regarded as infringing in
nature, irrespective of any similarity between the said trademark and
the registered trademark
defendant filed an application
before the Registrar of Trademarks under Section 57 of the
Trademarks Act, 1999, seeking rectification of the register and
removal, therefrom ... read with Section 342 of the Trademarks Act, to justify the
prayer for interlocutory injunction. She submits that Section 34
disentitles the plaintiff from injuncting
clear case of infringement of trademark, within
the meaning of Section 29(2)(b) of the Trademarks Act,
19996 ("the Act", hereafter ... well known
trademark. "Well known trademark" is defined in Section 2(zg) of the
Act, thus:
"(zg) "Well-known trade mark
