Terrace Pharmaceuticals Pvt. Ltd. filed a suit in 2018 against Sanjeev Kumar Juneja and another for infringement of their registered trademark "MANTRA" and passing off due to defendants' use of similar "MANTRA" formative marks like "ROOP MANTRA" in medicinal and cosmetic goods.
Defendants contested, filed an application under Order VII Rule 11 CPC to reject the plaint which was dismissed and upheld in revision, then applied under Section 124 of the Trade Marks Act, 1999 to challenge validity and stay the suit.
Trial Court framed an additional issue on validity but dismissed the stay as belated. In revision, the High Court reasoned that Section 124 mandates stay of infringement suits once prima facie invalidity is found to allow rectification but does not apply to passing off actions, held composite suits permissible but severable under Order II Rule 6 CPC due to delay caused by joinder, and modified the order to grant three months for rectification, stay the infringement claim, and direct separation and proceeding of the passing off claim as a new suit.
- Section 124 of the Trade Marks Act, 1999 applies only to suits for infringement of registered trade marks and not to actions for passing off: Para 19.
- A composite suit joining causes of action for trade mark infringement and passing off is permissible, but the causes are severable, and the court can order separate trials under Order II Rule 6 CPC if joinder causes delay or inconvenience: Para 25.
Case Title: Sanjeev Kumar Juneja Vs Terrace Pharmaceuticals Pvt. Ltd.:22.01.2026:CR No.6252 of 2023:Punjab and Haryana HC:Hon'ble Mr. Justice Pankaj Jain
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
