Delhi High Court Refers Trademark Infringement Suit Against Registered Proprietor to Larger Bench

The Delhi HC has referred to a larger bench the question of whether a suit for trademark infringement can lie against the proprietor of a registered trademark for using the mark themselves.

This issue arose in an appeal filed by Abros Sports International Pvt. Ltd., which sought an injunction against the use of ‘NEBROS’, a registered trademark allegedly deceptively similar to its brand ‘ABROS’.

The Court examined whether merely pleading invalidity of the defendant’s registration in the plaint empowers it to grant an injunction, or if the defendant must first be allowed to present a defence.

It observed that such injunctions may conflict with Sections 28 to 30 of the Trade Marks Act.