Amrish Aggarwal v. Venus Home Appliances Pvt. Ltd

"Trademark infringement suits require timely filing of relevant documents, including Legal Proceeding Certificates and trademark registration certificates."

- Case No.: CM (M) 1059/2018

- Court: Delhi High Court

- Judge: Prathiba M. Singh, J.

- Date of Judgment: August 27, 2019

Short Description

The case revolves around a trademark infringement dispute between Amrish Aggarwal and Venus Home Appliances Pvt. Ltd. The plaintiff sought to file a Legal Proceeding Certificate at the final stage of arguments, which was opposed by the defendant. The court allowed the certificate to be taken on record subject to payment of costs.

Facts

- The plaintiff filed a suit against the defendant for trademark infringement.

- The plaintiff sought to file a Legal Proceeding Certificate at the final stage of arguments.

- The defendant opposed the filing, citing that evidence was already concluded.

Findings

- The court observed that in trademark infringement matters, documents such as the Legal Proceeding Certificate or registration certificate ought to be filed along with the plaint.

- The court allowed the certificate to be taken on record subject to payment of costs.

Judgment

- The court disposed of the petition, directing that:

- Documents to be filed: In trademark infringement matters, the following documents ought to be necessarily filed along with the plaint:

- Legal Proceedings Certificate (LPC): showing the mark, date of application, date of user claimed, conditions and disclaimers if any, assignments, and licenses granted, renewals, etc.

- Trademark Registration Certificate: if LPC is not available, along with the latest status report from the website of the Trade Mark Registry.

- Directions to Government Departments: The court directed the Controller General of Patents, Designs, and Trade Marks and the Joint Secretary, DPIIT, to ensure that LPCs are issued without delay and within 30 days.