1. This is an application seeking dispensation granted under section 12A
of the Commercial Courts Act, 2015. It is fairly conceded on behalf of
the defendants that they are only pressing the point of section 12A and
are not pressing the point of revocation of leave under clause 12 of the
Letters Patent, 1865.
2. This is a suit filed for infringement and passing off.
3. It is alleged that the plaintiff came to learn of the impugned product by
way of a Counter-Statement filed on 9 August 2024 in a rectification
proceeding. Prior thereto in May 2024, there was also an advertisement
in the Trade Mark Journal of the impugned mark. In this background,
the plaintiff alleges of having comprehensively ascertained the
impugned actions of the defendants only on 31 August, 2024. The suit
was been filed in September, 2024 and dispensation under section 12A
of the Commercial Courts Act, 2015 was granted on 9 September, 2024.