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2009 (9) TMI 1028 - SC - Service Tax

Issues involved: Restraining the defendant from using specific words and device in their bags/packets of rice as a trademark, expeditious resolution of matters relating to trademarks, copyrights, and patents.

The Supreme Court addressed a petition challenging a judgment restraining the defendant from using the words 'HARA QILLA' and device 'QILLA' in their rice packaging as a trademark. The Court emphasized the need for expeditious resolution of disputes related to trademarks, copyrights, and patents, highlighting the prolonged nature of litigation primarily focused on temporary injunctions. The Court stressed the importance of adhering to procedural rules, specifically mentioning Proviso (a) to Order XVII Rule 1(2) C.P.C., which mandates continuous hearings until all witnesses are examined, with the aim of ensuring timely resolution of such matters.

The Court underscored the significance of strict compliance with procedural rules, suggesting that in cases concerning trademarks, copyrights, and patents, hearings should proceed on a day-to-day basis. The Court recommended that final judgments in such cases be delivered within four months from the filing of the suit. While declining to interfere with the impugned judgment in the present case, the Court urged the High Court to ensure that the suit is concluded within three months from the date of the order, emphasizing the need for expeditious resolution in matters of intellectual property rights.

In conclusion, the Supreme Court disposed of the special leave petition with the directive that the suit in question should be resolved promptly within three months from the date of the order, emphasizing the importance of timely adjudication in cases involving trademarks, copyrights, and patents.

 

 

 

 

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