The Bench led by Justice Hari Shankar of the Hon’ble Delhi High Court while allowing the application filed by Plaintiff under Section 124(1) of The Trademarks Act, 1999 (hereinafter, “The Act”), seeking framing of an issue regarding invalidity of the defendant’s registered device mark , held that the averments contained in replication cannot be ignored when considering whether the plaintiff has pleaded invalidity of defendant’s trademark under Section 124(1) of the Act.
Author – Priyanka Anand
Link to the full article : Invalidity of Trademark Pleaded in Replication to be Considered for Purposes of Section 124 of the Trademarks Act – Lexology