P RAM CHAND Vs. PREM SAGAR

JUDGEMENT

(1.) When Civil Suit No. 30 dated 13.11.2006 for permanent injunction was nearing culmination, the petitioner/plaintiff M/s P. Ram Chand & Company (hereinafter referred as 'the petitioner') filed an application under Section 124 of the Trades Mark Act, 1999 (for brevity 'the Act') on 20.5.2010 for staying proceedings in the civil suit to enable the petitioner to file rectification application before the Intellectual Property Appellate Board at Chennai, so as to challenge the validity of trade mark "Spartan Sports and Wears" registered in favour of the respondent.

(2.) The factual background of the case is that the petitioner had filed a suit for permanent injunction restraining the respondent from infringing the registered trade mark "SPARTAN" registered in its favour in any context on the sporting goods manufactured by the respondent and on the stationery being used by the respondent in connection with his business and from using the word "SPARTAN" in any manner.

(3.) The suit was contested by the defendant. When the case was fixed for defendant's evidence for 3.6.2008, an application was filed by the defendant under Section 124 of the Act. He had also filed an application under Section 8 of the Arbitration and Conciliation Act, 1996, which was dismissed as withdrawn on 12.6.2008. However, on the application under Section 124 of the Act, the trial court stayed the proceedings in order to enable the parties to go for rectification.