Can suit be stayed

G. ARAVINTHAN (Querist) 27 June 2010 This query is : Resolved
One "X" company filed a trademark suit against me. I have filed before Intellectual Property Board that i am prior user and having documents to that effect.

I have also filed a detailed written statement in the suit.

Case not listed before Intellectual Property Board. But District Judge has made the case in trial- special list.

Can the suit be stayed till the order from Intellectual Property Board?

citation if any?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 27 June 2010
Please be clear that you were user prior to the suit or prior user to the complainant co ; if not later no stay will be granted.

G. ARAVINTHAN (Querist) 27 June 2010
I am using the mark even before 40 years and the opposite party just registered the MARK in the year 2003

Guest (Expert) 30 June 2010
Suit can be stayed but Court can pass interim order under Sec. 124.

You can find list of judgements, latest is 2009 (41) PTC 41 case of Clinique Lab. (Delhi HC)

G. ARAVINTHAN (Querist) 30 June 2010
we have filed application under Section 124 but the matter was posted for a week for clarification of that section

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