MOHIT S.SHAH, S.J.KATHAWALLA, N.M.JAMDAR
Lupin Ltd. – Appellant
Versus
Johnson & Johnson – Respondent
[4000482800056] (!) [4000482800054][4000482800026][4000482800055]
The provided references were selected as they directly address the principle of prima facie consideration at the interim stage without requiring formal proof or detailed inquiry. The process involved scanning the judgment for sections discussing interlocutory proceedings under the Trade Marks Act, 1999, particularly where the court evaluates the validity of registration. Key criteria included phrases indicating limited, provisional assessment, such as "prima facie finding," "without detailed inquiry," and "ex facie illegal or fraudulent," which align with the standard practice in interim injunction applications under Order 39 of the Code of Civil Procedure.
These paragraphs collectively establish that interim evaluation prioritizes equity and balance of convenience, allowing prima facie scrutiny of materials to prevent manifest injustice, without mandating full evidentiary formalities reserved for trial.
MOHIT S. SHAH, J.
1. This reference has been made to the Full Bench pursuant to the order dated 13 August 2012 of learned Single Judge of this Court (Coram : B.R. Gavai, J.) for considering following question of law:
“Whether the Court can go into the question of the validity of the registration of the plaintiff's trade mark at an interlocutory stage when the defendant takes up the defence of invalidity of the registration of the plaintiff's trade mark in an infringement suit?”
2. The learned Single Judge felt the need to make this reference in view of two decisions of the Division Benches of this Court, one holding that the Court can not go into the question of validity of registration of a trade mark when such defence is taken by the defendant at an interlocutory stage in a suit for infringement of registered trade mark (judgment dated 16 February 2005 in M/s. Maxheal Pharmaceuticles v/s. Shalina Laboratories Pvt. Ltd. – Appeal No.88 of 2005 in N.M.No.2663 of 2004 in suit No.2663 of 2004) and the other decision in which the Court considered the validity of registration when
Milment Oftho Industries v. Allergan Inc.
S.M. Dye Chem v. Candbury (India) Ltd.
N.R. Dongre Vs. Whirlpool Corp. 1995 (34) DRJ 109 (DB)
Gujarat Bottling Co. Ltd. Vs. Coca Cola Co. 1995 (5) SCC 545
Power Control Appliances Vs. Sumeet Machines (P)Ltd. 1994 (2) SCC 448
P.M. Diesels Pvt. Ltd. versus Thukral Mechanical Works AIR 1988 Del. 282
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