- Court
- Rajasthan High Court
- Date of judgment
- Judge
- Vinit Kumar Mathur
- Outcome
- Allowed
Headnote
Appeal allowed and the order dismissing both the suit and the counter claim set aside. The trial court had thrown out the suit on an application under sections 28(3), 29 and 30(2)(e) of the Trade Marks Act, treating it as though it were an application under Order 7 Rule 11(d) CPC. The Court held that section 30(2)(e) protects the use of two registered marks against each other only where they are registered for the same or similar goods or services, and does not apply where the registrations are in different classes. In any event the suit was for infringement and passing off together, and by section 27 a passing off action is not affected by whether either side holds a registration, so it could not be dismissed on that footing. There is no provision barring a composite suit for infringement and passing off.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.