Indian Supreme Court Allows Cross-Examination on Brand Use in TM Suits

India’s Supreme Court has held that in trademark infringement proceedings, defendants retain the right to cross-examine plaintiffs regarding documents evidencing the duration of brand use. The ruling clarifies procedural aspects even when such matters are not explicitly detailed in a defendant’s written statement.

The decision addresses the scope of examination in suits where ownership and use timelines are central to claims of infringement or passing off. It permits questioning based on documents already on record or produced during proceedings, reinforcing principles of fair trial and evidence testing.

This clarification is expected to impact how parties prepare for and conduct trademark litigation in Indian courts. It emphasizes the evidentiary value of use documentation and the adversarial process in resolving priority and reputation issues.

The ruling draws from established procedural codes and aims to ensure comprehensive fact-finding without unduly restricting cross-examination opportunities.

Sources: https://www.livelaw.in/amp/top-stories/trademark-suit-defendant-can-cross-examine-plaintiff-on-period-of-brand-use-though-written-statement-not-on-record-supreme-court-545419 https://www.instagram.com/p/Db7n4BnloNj/