M/s.Eris Life Science Pvt. Ltd. v. M/s.Micro Labs Ltd.
Case brief
What is this about?
The High Court of Madras stayed suit proceedings regarding trademark infringement because a rectification application challenging the validity of the registered trademark was pending before the IPAB, following the precedent in Siel Edible Oils Limited v. Khemka Sales (p) Ltd.
What did the court decide?
Stay of suit proceedings in C.S.No.426 of 2013 pending final disposal of rectification application before IPAB.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 04.01.2017
PRONOUNCED ON 11.01..2017 CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
Application No.3571 of 2016 in cs.426 of 2013
M/s. Eris Life Science Pvt.Ltd., AF-10, Kanchan Pharma House, National Highway No.8 Aslali, Ahmedabad – 382 427 .. Applicant /defendant vs.
M/s.Micro Labs Ltd Rep.by its Company Secretary Yogesh K.Shenoy No.27, Race Course Road Bangalore -560 001 .. Respondent/Plaintiff
Application filed under Section 124 of Trademarks Act 1999 and Section 151 of Civil Procedure Code to stay the suit proceedings in view of the rectification application filed by the applicant / defendant before IPAB for removal Trademark "OLAMIN" vide Application No.451348 in Class 5 registered in the name of the respondent / plaintiff until the final disposal of rectification proceedings.
For applicant :Mr. Dr.Venkat Reddy Donthi For respondent : Mr. D.Bharatha Chakravarthy
Issues for consideration
2 issues framed by the court
Whether the suit for trademark infringement must be stayed when a rectification application is pending before the IPAB after the court permits the defendant to file it.
Whether a civil court requires its own satisfaction regarding the prima facie tenability of invalidity before a party can seek rectification pending a suit.
Parties & counsel
- applicant
M/s. Eris Life Science Pvt.Ltd.
- respondent
M/s.Micro Labs Ltd
Coram
N.Sathish Kumar
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court