High Court Examines the Law on Evidentiary Value of Local Commissioners
The principle that emerges here is that a registered proprietor of the trademarks with valid and subsisting registration would have the exclusive right to use the trademarks in relation to the goods in respect of which they have registration as well as to obtain relief in respect of infringement by virtue of provisions of S.28 of the Trade Marks Act, 1999. It was also held that in a suit for infringement, the report of the Local Commissioner can be read in evidence in terms of Order XXVI Rule 10(2) of Code of Civil Procedure, 1908.
Sandisk LLC v. Laxmi Mobiles [2023] GCtR 2520 (Delhi)