Facts:

• Dabur India Limited, a prominent consumer goods company, held the trademark ‘REAL’ for packaged juices. It alleged that Real Drinks Pvt. Ltd. (Defendant No.1) infringed on this trademark by selling beverages under the 'REAL' mark, causing confusion and passing off.
• Real Drinks Pvt. Ltd., along with IndiaMART InterMESH Limited (Defendant No.2), allegedly marketed drinks under the 'REAL' trademark. Defendant No.2 agreed to a decree, while Defendant No.1 contested the present case.
• The Plaintiff's 'REAL' mark had gained substantial goodwill since 1994. Despite Defendant No.1's registration of 'REAL MANIK,' Plaintiff claimed that this use infringed on its mark.
• In 2012, Plaintiff discovered Defendant No.1's use of 'REAL' and initiated legal proceedings, citing trademark infringement and passing off.
  

Background:

• On June 1st, 2012, the Court issued an interim order restraining Defendants 1 and 2 from dealing in 'REAL' trademark beverages. Defendant No. 1 later filed IA No. 11656 of 2012 to lift the stay order.
• On July 26th, 2012, the Court granted Defendant permission to use its registered trademark 'REAL MANIK.' With this modification, the interim order from June 1st, 2012, remained in effect.
• The Defendant appealed the orders dated June 1st, 2012, and July 26th, 2012, in FAO (OS) No. 419 of 2012. During the October 11, 2012 hearing, Defendant No. 2 agreed to a decree, resulting in the suit being decreed against them.
• The said appeal was disposed of by the Division Bench (‘DB’) by order dated 3rd September 2012. The present case was contested by Defendant No.1. (Paragraphs 2,12,11)

Main Issue:

Whether Section 28(3) of the TM Act barred the Plaintiff from suing Defendant No.1 for infringement, since both are the registered proprietors of identical marks?