M/s Apex Laboratories Pvt. Ltd. v. M/s.Knoll Healthcare Pvt. Ltd.
Case brief
What is this about?
In proceedings following the dissolution of the IPAB, the Madras High Court ruled that rectification applications against rival trademarks in a pending suit must be heard by the same court where the suit is instituted to ensure comity of court and to avoid conflicting decisions or multiplicity of proceedings.
What did the court decide?
Application No.415/2021 seeking leave to file rectification is allowed; Application No.416/2021 seeking stay is closed.
What the court decided
A.Nos.415 and 416 of 2021 in C.S.No.355 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on :05.07.2021 Pronounced on : 09.07.2021
Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
A.Nos.415 and 416 of 2021
in
C.S.No.355 of 2020
A.No.415 of 2021:
M/s Apex Laboratories Pvt.Ltd.,
29, III Floor, SIDCO Garment Complex,
Guindy, Chennai 600 032
rep.by its Authorised Signatory,
D.Jude F.L.S.Durai Pandian .. Applicant
/versus/
M/s Knoll Heathcare Pvt.Ltd.,
M-17, Pharma Tower, Badli Industrial Area,
New Delhi 110 042. .. Respondent
Prayer in A.No.415/2021:This application has been filed under Order XIV, Rule 8 of the Original Side Rules read with Section 124 and Section 125 of the Trademarks Act,1999 praying to grant permission to the applicant to file a rectification of the trademark under No.2795619 in Class 5.
1/17
A.Nos.415 and 416 of 2021 in C.S.No.355 of 2020
Issues for consideration
3 issues framed by the court
Whether a High Court has the authority to hear a rectification application under Section 125 of the Trademarks Act, 1999 following the dissolution of the Intellectual Property Appellate Board.
Whether the suit instituted by the plaintiff and the rectification application filed by the defendant should be heard together to avoid multiplicity of proceedings.
Whether the application seeking a stay of the suit pending the disposal of the rectification petition is maintainable.
Parties & counsel
- applicant
M/s Apex Laboratories Pvt.Ltd.
- respondent
M/s Knoll Heathcare Pvt.Ltd.
Coram
G. Jayachandran
Case details
As recorded by the court registry
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