Executive Summary
The Allahabad High Court dismissed a revision filed by M/S Shree Girraj Food Products, which sought to stay an ongoing trademark infringement suit. The defendants argued that their application for rectification (cancellation) of the plaintiff's 'Chacha Chaudhary' trademark was pending before the Appellate Board. However, the court ruled that Section 124 of the Trade Marks Act is inapplicable because the original suit was not for trademark infringement but rather a suit for injunction based on passing off. Consequently, the stay could not be granted.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Allahabad High Court. Understanding the court's reasoning in Umesh Kumar Gupta And Another vs M/S Shree Girraj Food Products is valuable context for structuring arguments or assessing risk in similar proceedings.
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