Tag: Section 12A

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

Glucon-D and Glucon-C Trademark Suit: Court Says Pre-Litigation Mediation is Mandatory Featured image for article: 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.

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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. Featured image for article: Delay in Copyright Lawsuit Costs Plaintiff Urgent Relief and Mediation Exemption

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.

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