Supreme Court allows trademark defendant to cross-examine plaintiff on brand use period

The case concerns a trademark infringement suit where the core issue was whether the defendant could cross-examine the plaintiff regarding the period of brand use, despite the defendant's written statement not being on record.

Appellant: Shabu Kn Achary; Respondent: Dharampal Premchand Limited; Bench: Justices J. B. Pardiwala and K. Vinod Chandran.

• The Supreme Court reversed the High Court's order that had expunged the cross-examination question from the record.
• The Court held that the defendant is entitled to question the plaintiff on documents substantiating the time from which the brand name was used, even without a written statement on record.
• The Court directed that the trial be proceeded with after recalling the plaintiff and recording his answer.
• The appeal was allowed.
• Any pending applications were disposed of.

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