Commercial Courts Act | Intellepedia

“Will You Marry Me” Twice Not After a Copyright Assignment

In the case of Radhakrishna Productions Pvt. Ltd. v. Ikkon Films Pvt. Ltd. and others, a producer agreed to assign worldwide rights in the film Will You Marry Me in perpetuity. After that assignment, the producer entered into later arrangements for music rights and distribution rights with others. The assignee sued to protect the earlier assignment and stop further exploitation inconsistent with it.

Urgency in Patent Infringement Disputes: Supreme Court on Mediation Requirement

In the case of Novenco Building and Industry A/S vs Xero Energy Engineering Solutions Pvt. Ltd., the Supreme Court ruled that mandatory mediation under the Commercial Courts Act can be bypassed in intellectual property cases where continuing infringement creates immediate harm. The Court stated that urgency must be assessed from the perspective of ongoing injury, not simply on the basis of when the suit was filed.

Glucon-D and Glucon-C Trademark Suit: Court Says Pre-Litigation Mediation is Mandatory

In the case of Zydus Wellness Products Ltd. v. Karnal Foods Pack Cluster Limited, involving the trademarks “Glucon-D” and “Glucon-C”, the Himachal Pradesh High Court reiterated that plaintiffs must mandatorily attempt pre-litigation mediation before filing commercial suits, unless there is a clear and justifiable urgency requiring interim relief. The Court examined the timeline of the plaintiff’s actions and found no genuine urgency to bypass the mediation step.

Delay in Copyright Lawsuit Costs Plaintiff Urgent Relief and Mediation Exemption

A beige background with a black rectangular stamp reading "URGENTLY REQUIRED" in bold letters. The text is overlaid with a large red "X" inside a red circle, symbolizing cancellation or denial of urgency.

In the case of Inreco Entertainment Pvt. Ltd. v. Nav Records Pvt. Ltd., the Calcutta High Court held that a copyright suit filed without genuine urgency could not bypass pre-institution mediation under Section 12A of the Commercial Courts Act. The Court revoked the exemption and dismissed the suit.

DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

The Delhi High Court set aside the refusal of the DISPOWAY trademark application due to non-receipt of the hearing notice. The case has been remanded for a fresh hearing and correction of the application’s status.

Latest Trademark Cases in 2021 – Part 6

This post reviews three recent Bombay High Court decisions on trademark and copyright infringement from 2021. It highlights key legal findings on interim injunctions, trademark use in media, and brand similarity, offering insights for IP practitioners and businesses.

HIGH COURT OF DELHI RULES GOVERNING PATENT SUITS, 2020

The Delhi High Court’s draft Rules Governing Patent Suits, 2020 propose a structured framework for patent litigation. These rules address procedural complexities, documentation, and expert involvement, ensuring clarity and efficiency in patent dispute resolution.