The Supreme Court has held that a defendant facing a trademark infringement claim is entitled to question the plaintiff regarding the period from which the disputed brand name has been used, even where the defendant’s written statement has not been taken on record.

A Bench of Justices J.B. Pardiwala and K. Vinod Chandran, in Shabu KN Achary v. Dharampal Premchand Limited, set aside the High Court order which had expunged a question put to the plaintiff during cross-examination.

The dispute arose from a suit seeking, among other reliefs, a permanent injunction against alleged infringement of trademark and trade dress, a declaration concerning the plaintiff’s trademarks and damages.

The question objected to was:

“Is it correct that you have no document to show that since when mark BABA is being used?”

The High Court had treated the question as a purely factual issue beyond the permissible scope of cross-examination, particularly since the defendant’s written statement was not on record.

The Supreme Court disagreed. It noted that the plaintiff itself had alleged trademark infringement and had specifically relied upon the defendant’s alleged use of a similar brand name, packaging and trade dress.

The Court held that even in the absence of the written statement, the defendant was entitled to put the question to the plaintiff to ascertain the documentary basis and period of use of the brand name.

Accordingly, the Supreme Court reversed the High Court’s order and directed that the trial proceed after recalling the plaintiff and recording his answer to the question.

The Court clarified that it had expressed no opinion on the merits of the trademark dispute, leaving all contentions open for adjudication at trial.

Case: Shabu KN Achary v. Dharampal Premchand Limited
Citation: 2026 INSC 819
Civil Appeal No.: 10260 of 2026
Judgment Date: August 7, 2026
Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran