EVEREADY INDUSTRIES INDIA LIMITED Vs. SUBRATA DAS

JUDGEMENT

(1.) THE application bearing G. A. No. 1045 of 2009 is taken up for hearing.

(2.) THE prayer in this application is for dismissal of the suit and/or rejection of the plaint filed therein. Ms. Chama Mukherjee, in support of the application, submits that the provisions of section 93 of the trade Marks Act, 1999 creates a bar to entertain a suit of this nature.

(3.) THE relief claim in the suit is for perpetual injunction from infringing the plaintiff's registered trade mark "eveready" and also for perpetual injunction on the ground of passing off. In my view, the bar created under section 93 of the Act operates in relation to any proceeding initiated for 2 registration of the mark before the Registrar of Trade Marks and appeal, and other action in connection therewith. In my view, jurisdiction exercised by the registrar of Trade Marks and the Appellate Authority is quite distinct and different from that of the civil court in a common law action and also infringement action.