Shabu K.N. Achary v. Dharampal Premchand Limited

Supreme Court clarifies the scope of cross-examination in a trademark infringement suit.

Introduction

The Supreme Court of India, in Shabu K.N. Achary v. Dharampal Premchand Limited, has clarified an important procedural aspect of trademark litigation concerning the scope of cross-examination.

The dispute arose from a commercial suit involving allegations concerning the “BABA” brand, including claims relating to trademark, copyright and trade dress.

The immediate issue before the Supreme Court was whether the defendant could question the plaintiff during cross-examination regarding since when the “BABA” mark was being used and whether documentary evidence existed to establish such use.

Can the defendant question the plaintiff about the period of trademark use?

The defendant sought to test the plaintiff's claim regarding the use of the “BABA” mark and the documentary evidence supporting that claim. The controversy became significant because the defendant's Written Statement was not on record.

Case Timeline

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

What Did the Delhi High Court Hold?

On 16 January 2026, the Delhi High Court considered the disputed question in the context of the defendant's procedural position.

The Court treated the question as a factual question which was not permissible in the circumstances and consequently expunged Question No. 31.

The defendant challenged this decision before the Supreme Court of India.

7 August 2026 — Appeal Allowed

The Supreme Court held that the disputed question was relevant to testing the plaintiff's case concerning the use of the “BABA” mark.

The Court found that the question could not be excluded merely because the defendant's Written Statement had not been taken on record.

Where the period of trademark use is relevant to the plaintiff's case, the opposing party may seek to test that assertion and its documentary foundation through cross-examination.

Why Is Trademark Use Evidence Important?

In trademark disputes, the history and extent of use of a mark may become important factual issues. Parties may rely on documentary evidence to establish commercial use.

What the Supreme Court Did NOT Decide

The judgment should not be understood as a final decision on the underlying ownership or infringement dispute concerning the “BABA” mark.

• It did not finally decide ownership of the “BABA” trademark.
• It did not hold that the defendant had committed trademark infringement.
• It did not finally determine the plaintiff's claimed date of use.
• It did not decide the final entitlement to damages.

Key Takeaways for Trademark Practitioners

Conclusion

Shabu K.N. Achary v. Dharampal Premchand Limited is significant for trademark practitioners because it highlights the role of effective cross-examination in testing the factual foundation of an infringement claim.

The Supreme Court's decision reinforces that where the period of trademark use is relevant to a plaintiff's case, questions concerning the date of use and the documentary evidence supporting that use may form a legitimate part of cross-examination.

At the same time, the judgment does not finally determine the rights of either party over the “BABA” mark. The underlying dispute remains to be decided on its merits in accordance with law.