Case Law Analysis
|Karnataka High Court
Order XIV Rule 5 CPC | Plaintiff Bears Burden to Prove Trademark Infringement Even When Defendant Cites Industry Practice: Karnataka HC
The Karnataka High Court clarified that defendants cannot shift the burden of proof by merely alleging industry-wide reuse of packaging; the plaintiff must still establish likelihood of confusion and prior rights. This reinforces that procedural defenses like trade practice are not admissions and do not alter the foundational burden in trademark suits, impacting brand owners and manufacturers relying on recycled packaging.