CIPLA LIMITED Vs. CIPLA INDUSTRIES PVT. LTD

JUDGEMENT

(1.) The Plaintiff has in the above Notice of Motion prayed that pending the hearing and final disposal of the Rectification Application No.ORA/243/2013/TM/DEL, the trial of the above Suit be stayed. The present Notice of Motion is taken out by the Plaintiff under Section 124 of the Trade Marks Act, 1999 ("the Act"), seeking stay of the trial of the above Suit in respect of infringement of trade mark pending the hearing and final disposal of the Rectification Application No.ORA/243/2013/TM/DEL.

(2.) According to the Plaintiff, its mark "CIPLA" and/or other marks derived from "CIPLA" are well known marks within the meaning of Section 11 of the Act. The Defendants are using the impugned mark namely 'CIPLA PLAST' which is identical and/or deceptively similar to the Plaintiff's mark "CIPLA". According to the Plaintiff, the Defendants have been wrongly granted registration in respect of the mark 'CIPLA PLAST' on 28012006. The impugned mark 'CIPLA PLAST' is therefore, liable to be removed/cancelled. The Plaintiff has already filed proceedings on 2304 2012, seeking rectification of the Defendant No.2's mark bearing No.846772. Therefore, the trial of the Suit in respect of the infringement is required to be stayed till the final disposal of the rectification proceedings.

(3.) The learned Advocate for the Defendants has submitted that the only objection of the Defendants in the present matter is that the Plaintiff has not pleaded invalidity of the registration of the Defendants' trade mark 'CIPLA PLAST' in the plaint.