Bench:Amit Borkar
2 IP cases indexed. Covers trademark matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Zee Learn Limited v.Pragati Shiksha Shrot Trust
Zee Learn Limited filed a Section 9 petition under the Arbitration and Conciliation Act, 1996, seeking interim relief against Pragati Shiksha Shrot Trust for continued use of its registered trademarks 'MOUNT LITERA ZEE SCHOOL' and proprietary MLZS Program after termination of their licensing agreements. The Court found a prima facie case in favor of the Petitioner regarding the termination and granted partial relief, restraining the Respondent from using the trademarks and proprietary programme and directing disclosure of financial records. However, the Court rejected prayers for revival of the contractual relationship, a bank guarantee of Rs.48,39,440.76/-, and appointment of a Court Receiver.
Kirloskar Proprietary Ltd. v.Sardesai Auto Parts Pvt. Ltd.
This case before the Bombay High Court addressed a challenge regarding the jurisdiction of a specific court after the transfer of civil suits. The petitioner argued that since the suit involved intellectual property (trademarks) and was valued at Rs. 10,00,000/-, it should fall under the Commercial Courts Act, 2015. However, the Court ruled that because the valuation fell below the minimum threshold prescribed by the notification under the Act, the provisions of the Commercial Courts Act were inapplicable. Consequently, the jurisdiction rested with the District Judge-1 as per the Trademarks Act, 1958.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.