IP Case Digest · Trade Marks

Bennett, Coleman and Company Limited v. E Entertainment Television LLC & Anr., C.O. (COMM.IPD-TM) 86/2022

Case number
C.O. (COMM.IPD-TM) 86/2022
Date of judgment
Judge
Manmeet Pritam Singh Arora
Outcome
Dismissed

Headnote

Applications for leave to cross-examine a witness in rectification proceedings dismissed. The Court held that Rule 7(viii) of the Delhi High Court Intellectual Property Rights Division Rules 2022 permits cross-examination only in exceptional circumstances and on recorded reasons, and that where a specific rule governs the question, recourse to the general provisions of the Code of Civil Procedure, including Order XIX Rule 2, is unwarranted and impermissible. On the facts, the challenge was laid under section 9(1)(a) on the ground that the mark lacked distinctive character, so the use of the mark was not the subject matter of the petition and an application to cross-examine on user was misconceived.

Read the judgment (PDF)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.