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ARTICLE · 04 OCTOBER 2024

IPR Weekly Highlights (49)

Lex Mantis
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The Telangana HC stated that in cases where the plaintiff alleges trademark infringement, the requirement of pre-institution mediation provided...

IndiaIntellectual Property
Lex Mantis
Lex Mantis

TRADEMARK

TELANGANA HC OBSERVES TM VIOLATION SUIT PRESUMES URGENCY

The Telangana HC stated that in cases where the plaintiff alleges trademark infringement, the requirement of pre-institution mediation provided under Section 12A of the Commercial Courts Act, 2015 ("Act") can be waived. The division bench was reviewing the petitioner's appeal against the Commercial Court's decision that dismissed its request for a revision. The petitioner/defendant no.1 contended in its revision application that the plaintiff had failed to comply with the mandatory pre-institution mediation requirement, thus making the suit filed by respondent no.1/plaintiff void. However, the Commercial Court decided that the plaintiff had provided an explanation for the requirement of Section 12A to be waived. The Court observed that the onus of satisfying the Court that the suit requires urgent interim relief, is on the plaintiff.

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