IP Case Digest · Trade Marks

M/s. Devi Krupa Soft Drinks v. M/s. Jogeswar Beverages, FAO No.33 of 2025

Case number
FAO No.33 of 2025
Date of judgment
Judge
Sanjeeb K Panigrahi
Outcome
Dismissed

Headnote

Appeal against refusal of interim relief dismissed. Where a rectification petition against the plaintiff's own registration is pending, section 124(1)(b)(i) requires the suit to be stayed until it is determined, and although section 124(5) preserves the power to grant interim relief, its exercise is discretionary. The District Judge was entitled to assess whether a sufficiently strong prima facie case had been made out and to find none, there being no sufficient material that the relevant class of consumers was likely to be confused. Authorities affirming the statutory presumption of confusion under section 29 were distinguished as decided where validity was not in issue.

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