- Case number
- COMMERCIAL APPEAL (ST) NO.26806 OF 2025
- Court
- Bombay High Court
- Date of judgment
- Judge
- Manjusha Deshpande
- Outcome
- Disposed of
Headnote
Appeal dismissed against refusal of an interim injunction, on two grounds of conduct. The plaintiff had suppressed material, and was estopped by the position it had itself taken before the Registrar of Trade Marks, where it had asserted that its mark was not similar to a third party's mark and that no confusion could arise. It had also chosen not to implead that third party although it knew of its registration application, the Single Judge having observed that doing so would have prevented ex parte relief. Following Wander, the appellate court declined to substitute its own discretion absent perversity.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.