SpicyIP Tidbit: No Cure for the Plaintiff’s Heartburns? Delhi High Court Rejects an Interim Injunction against Defendant’s Anti-Acidity Drug Despite Finding Trademark Infringement
spicyip.com/2023/08/spicyip-tidbit-no-cure-for-the-plaintiffs-heartburns-delhi-high-court-rejects-an-interim-injunction-against-defendants-anti-acidity-drug-despite-finding-trademark-infringement.html
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he court held that though the validity of a trademark does not play a role in the infringement analysis, u/s 29, once the infringement is established, the right to seek remedy becomes contingent on the validity of the trademark. The court reasoned this because of the emphasis on the validity of a mark to exercise rights conferred by registration under Section 28(1). Therefore the court has harmoniously tried to segue validity as a factor under Section 29 by reading the provision on “infringement of registered mark” and “infringement of (validly) registered mark.” In doing so, the court has also clarified that the presumption on the validity of trademark registration is only prima facie and if the defendant is able to set a strong case to displace the prima facie presumption, the court will be open look past this presumption (something similar has been seen in the DB order in Marico Limited v. Agro Tech Foods Ltd.)
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