Supreme Court of India
I.S.D.S. Private Limited v. M/s Khemka Food Products Pvt. Ltd
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that the matter has to be referred to the Larger Bench for resolving the conflict and also settling the law to be uniform throughout the States and the jurisdiction not to be left to the different notifications issued in the various States.
Judgment, page 11
In brief
The appellants' trade mark dispute with the respondents was pending as Commercial Suit No.11 of 2023 before the Court of the Civil Judge (Senior Division)-I, Jamshedpur, that court having been notified as a Commercial Court under Section 3 of the Commercial Courts Act, 2015 by the State of Jharkhand. The appellants contended that Section 134 of the Trade Marks Act, 1999 bars institution of infringement suits in any court inferior to a District Court, and that the State notification effectively diluted this by routing such suits to a Civil Judge (Senior Division), with appeal lying to the District Court and only revisional or Article 227 scrutiny thereafter.…
Authorities it was built on
- 2018 Kandla Export Corporation & Anr. v. M/s Oci Corporation & Anr.
- 2022 Jaycee Housing Pvt. Ltd. & Ors. v. Registrar (general), Orissa High Court, Cuttack & Ors
- Fun N. Fud v. GLK Associates
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