The Plaintiff, the registered proprietor of the ABROS mark, filed a suit against the registered proprietor of the NEBROS mark, alleging trade mark infringement. However, the Single Judge bench refused to grant interim relief to the Plaintiff. On the appeal filed by the Plaintiff, the Division Bench observed that as per the remedies available under the Trade Marks Act, infringement can be claimed against unregistered users, not registered proprietors. Thus, a significant question in this matter is whether the Court can issue an injunction and restrain the use of a mark by a registered proprietor. Due to conflicting precedents on this particular issue, the Bench found it necessary to seek clarification on the correct legal position. As a result, the matter has now been referred to a larger bench, with one of the key questions being whether a suit for infringement is maintainable against the proprietor of a registered trademark.

Source: Abros Sports International Pvt. Ltd v. Ashish Bansal and Ors. [FAO(OS) (COMM) 140/2024]