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Azure Trademark Invalidity Pleading: Microsoft Files Appeal

Earlier this month, the appellant, Microsoft Corporation approached the Gujarat High Court after the City Civil Court turned down its request to amend its written statement to plead that registration of the respondent, Azure Knowledge Corporation Pvt Ltd’s trademark, ‘AZURE’, was invalid.[1]

The suit filed by the respondent alleging infringement of its registered trademarks, in the year 2020, is still pending before the City Civil Court.[2] Notably, the respondent’s plea for interim injunction was rejected two years ago, with the Court noting that, inter alia, the goods and services provided by the parties could be differentiated, and contentions regarding deceptive similarities between both the logo/ formative mark could not be accepted.

This appeal was filed by the appellant challenging the order of the City Civil Court dated March 22, 2024.[3] Through this order, the appellant’s application under Section 124 of the Trade Marks Act, 1999, seeking amendment in its written statement to add pleadings with respect to the invalidity of the respondent’s registered trademark, was dismissed. The Court, vide said order, held that the appellant failed to prima facie establish the invalidity of the plaintiff’s trade mark, and the challenge to such registered trade mark was made after a long period and without sufficient reason.

As per the order of the Gujarat High Court, pronounced on Monday, the judgment in this matter has been reserved.

[1] Microsoft Corporation and Anr. v. Azure Knowledge Corporation Private Limited (SCA No.5927 of 2024)

[2] Comm CS No. 533 of 2021

[3] Order available at:

https://ahmedabad-ccc.dcourts.gov.in/wp-admin/admin-ajax.php?es_ajax_request=1&action=get_order_pdf&input_strings=eyJjaW5vIjoiR0pBSDAyMDAxOTk1MjAyMSIsIm9yZGVyX25vIjoiNSIsIm9yZGVyX2RhdGUiOiIyMDI0LTAzLTIyIn0