Non-Filing Of Legal Proceedings Certificate Does Not Disentitle Party To File Suit Seeking Injunction In Apprehension Of Trademark Infringement
Case: Maan Pharmaceuticals Ltd V. Mindwave Healthcare Pvt. Ltd
Coram: Justice Vibhu Bakhru and Justice Amit Mahajan
Case No.: FAO(COMM) 78/2022
Court Observation: “MINDWAVE, in the present case, has not only pleaded that it is carrying on its business from its principal office for sale, distribution and control, which is within the territorial jurisdiction of the learned Trial Court at Saket, but it has also apprehended that MAAN would launch the infringing product within the territorial jurisdiction of the learned Trial Court and is, further, negotiating with various traders within the jurisdiction of the Trial Court at Saket,”
“MINDWAVE has admitted that it had inadvertently failed to file the said certificate and the reasons have specifically been mentioned in the reply filed by it. MINDWAVE had also specifically pleaded that at the time of filing of the suit, rectification was not served upon it,”
“Though a Legal Proceedings Certificate is an important document, which should be placed before the court at the time of deciding preliminary applications, the same, however, will not take away the statutory right of a plaintiff to seek injunction, which it is otherwise entitled to.”
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