- Court
- Rajasthan High Court
- Date of judgment
- Judge
- Sudesh Bansal
- Outcome
- Disposed of
Headnote
Appeal against refusal of a temporary injunction disposed of without interference, so the refusal stands. The plaintiff, proprietor of VANKON, had moved a rectification application against the defendant's registered mark VANTON on February 3, 2021, well before filing the suit on July 23, 2021, and so could not escape the rigour of section 124 of the Trade Marks Act; Patel Field Marshal did not assist it. Applying Wander and Gujarat Bottling, the plaintiff's delay and the defendant's unrebutted use of VANTON since 2016 meant that neither irreparable loss nor the balance of convenience favoured the plaintiff. As to classes 7, 11, 21 and 35, the defendant stated it carried on no business in those goods, so no injunction was needed.
Disposition
Disposed of without interference. The refusal of a temporary injunction stands.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.