- Court
- Allahabad High Court
- Date of judgment
- Judge
- Kshitij Shailendra
- Outcome
- Dismissed
Headnote
Appeal dismissed and the injunction restraining use of MUSA KA GUL SUPER confirmed. The district court had recorded cogent findings on all three ingredients, noting that the plaintiff's registration subsisted and that the appellants held no registered mark or copyright of their own. Inter se family arrangements by way of dissolution of partnership and assignment, made while a Calcutta High Court injunction remained operative until publication of the arbitral award, could not be used to defeat the registered proprietor's rights, Article 261 requiring full faith and credit to be given to that order. Registration is prima facie evidence of validity under section 31. The court below was not required to hold a mini trial, and questions of pecuniary and territorial jurisdiction could be left to be decided after issues were framed.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.