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INDIA: Passing Off Suit Continues, Infringement Suit Stayed - International Trademark Association

In the matter of Parveen Kumar Gupta v. Ravi Chadha and Ors., CM (M) 428/2021, CM APPL. 20526/2021, the High Court of Delhi by its order dated August 6, 2021, held that when an infringement suit is to be stayed due to pending rectification proceedings (which cover the cancellation of an existing trademark registration) against the relevant registration, a suit for passing off can continue.

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