Indiana Ophthalmics vs Sapient Laboratories (P.) Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
NAVIN CHAWLA
Indiana Ophthalmics – Appellant
Versus
Sapient Laboratories (P.) Ltd. – Respondent

Table of Content
1. overview of the appeal and procedural history. (Para 1 , 2 , 3 , 4)
2. appellant argues for injunction despite earlier findings. (Para 5 , 6 , 7 , 8)
3. respondent claims ownership of trademark. (Para 9)
4. court provides analysis on trademark user rights. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
5. conclusion: appeal dismissed. (Para 19 , 20 , 21)

JUDGMENT

Navin Chawla, J. (Oral)

1. This appeal has been filed by the appellant challenging the order dated 13.08.2019 passed by the learned Additional District Judge- -02, South West District, Dwarka Courts (hereinafter referred to as the `Trial Court'), in suit filed by the respondent being TM No.8/2019 and the counter claim of the appellant being CC No.21/2019, disposing the application filed by the respondent under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (in short `CPC') and application filed by the appellant under Order XXXIX Rule 4 of the CPC; and application under XXXIX Rules 1 and 2 of the CPC filed by the appellant in its counter claim, while directing the parties to file an affidavit disclosing the exact stock and valuation of the product packaging with their respective marks HYLU

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DELHI HIGH COURTNAVIN CHAWLAIndiana Ophthalmics – AppellantVersusSapient Laboratories (P.) Ltd. – Respondent

DELHI HIGH COURT
NAVIN CHAWLA
Indiana Ophthalmics – Appellant
Versus
Sapient Laboratories (P.) Ltd. – Respondent