- Date of judgment
- Outcome
- Allowed
Headnote
Criminal proceedings under sections 103 and 104 of the Trade Marks Act and sections 64 and 65 of the Copyright Act quashed under section 482 CrPC. The underlying commercial dispute over the KAVERI mehndi cone marks had been settled by a compromise decree in 2016, under which the applicant withdrew his trade mark applications and oppositions and undertook not to use any deceptively similar mark or packaging. Neither the complainant nor the proprietor of the firm appeared to oppose. Applying Gian Singh and Ramgopal, the Court held that the chance of ultimate conviction was extremely bleak and no useful purpose would be served by letting the prosecution continue.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.