Courts Supreme Court
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.
Who it concerns: Appellant: Shabu Kn Achary; Respondent: Dharampal Premchand Limited; Bench: Justices J. B. Pardiwala and K. Vinod Chandran.
What the court decided
- 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.
Also in the document
- The Court explicitly stated it made no observations on the merits of the matter.
- The parties remain entitled to agitate their respective contentions during the trial.
- The order is marked as Non-Reportable.
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The original document
Supreme Court of India — orders & judgments
Court order · 12 Aug 2026
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