S.L. Bhayana
2 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
M/S Bright Electricals v.Mr. Ramesh Kumar Patel
The Delhi High Court allowed M/S Bright Electricals' application to amend its plaint in a trademark infringement suit. The plaintiff sought to correct an inadvertent mistake regarding the date of use for their 'GOLD MEDAL LABEL' trademark, changing the claimed start date from 1987 to 1979-80. Citing Supreme Court precedents emphasizing that amendments should be allowed liberally to avoid multiplicity of litigation and ensure justice, the court permitted the correction, noting that no serious prejudice would be caused to the defendants.
The Indian Performing Right Society Ltd. v.Sanjay Dalia & Anr.
This Delhi High Court judgment addresses a dispute over the proper forum for filing a copyright infringement suit. The Indian Performing Right Society Ltd. challenged the court's order directing them to refile their plaint in Maharashtra, arguing that its presence in Delhi granted it sufficient territorial sway under Section 62 of the Copyright Act. However, the court ultimately held that while Section 62 provides an additional forum, a pragmatic interpretation requires the suit to be filed where the cause of action actually arose.
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