10/04/2026
𝐒𝐔𝐂𝐂𝐄𝐒𝐒𝐅𝐔𝐋 𝐈𝐍𝐓𝐄𝐑𝐈𝐌 𝐑𝐄𝐋𝐈𝐄𝐅 𝐈𝐍 𝐓𝐑𝐀𝐃𝐄𝐌𝐀𝐑𝐊
𝐋𝐈𝐓𝐈𝐆𝐀𝐓𝐈𝐎𝐍
We are pleased to share a significant relief granted by the Hon'ble Commercial Court, Jaipur wherein we represented one of Our Clients in a suit filed under Section 142 of the TradeMarks Act, 1999, concerning Groundless Threats of Legal Proceedings.
The Defendant had issued frivolous and baseless threats to Our Client, alleging exclusive ownership of the Trademark and demanding immediate restraint from its use. Further, the Defendant threatened to issue circulars and public notices in newspapers against Our Client, despite lacking any legitimate basis.
A suit under Section 142 of the Trademark Act, 1999 was instituted contending that:
* Our client is the Prior User of the trademark, having used the mark since inception;
* The Defendant was fully aware of Our Client’s use of the mark but failed to take any action for over five years;
* The Defendant has not been carrying on any business for the past five years, clearly establishing non-use of the mark.
It was argued that the threats issued were groundless, baseless, and intended to harm the goodwill and reputation of Our Client.
The Hon'ble Commercial Court, after appreciating our submissions, documents, and relevant judicial precedents, was pleased to allow our application for Temporary Injunction and passed an Interim Order restraining the Defendant from issuing or publishing any notices or circulars against the Plaintiff in public.
A strong reaffirmation of the rights of Prior Users and protection against misuse of trademark registrations.
Client was represented by Prakul Khurana, Managing Partner, Abhinav Mathur, Partner, Samay Maheshwari, Partner and A***n Kukkar, Associate.
