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Case Lawsuit Title
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Case / Trial ID Number
Jurisdiction Code
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in
upc
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Category
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Patent
Trademark
Copyright
Design
Filing Date
Decision Verdict Date
Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
Societe Des Produits Nestle S.A & Anr
Respondent / Defendant
Shree Shankeshwar Utensils & Appliances Pvt Ltd
Dispute Summary
The Delhi High Court allowed Nestle's application seeking a stay of its trademark infringement suit against Shree Shankeshwar Utensils. The core issue was whether filing a rectification petition before the Intellectual Property Appellate Board (IPAB) regarding the validity of the 'MAGGISUN' mark required prior permission from the Civil Court, even while the main suit was pending. Citing Supreme Court precedents, the court held that approaching the IPAB for rectification is an independent statutory right and does not require leave from the civil court. Consequently, the infringement proceedings were stayed until the IPAB decides on the validity of 'MAGGISUN'.
Outcome / Ruling
plaintiff_favorable
Verdict Document PDF URL
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