Bench:Piyush Agrawal
2 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
M/S RPCI Private Limited And Another v.Petals IVF And Women Care Centre LLP And Another
This arbitration application under Section 11(6) of the Arbitration & Conciliation Act, 1996 was filed by M/S RPCI Private Limited seeking appointment of a sole arbitrator to adjudicate disputes arising from an LLP agreement with Petals IVF and Women Care Centre LLP. The applicant claimed Rs. 1,63,07,000/- along with 18% interest, while the opposite party had filed a suit before the Delhi High Court under the Trademarks Act, 1999. The Allahabad High Court, applying the principle of 'when in doubt, do refer' from Vidya Drolia, held that an arbitration clause existed between the parties and appointed Mr. Justice Sudhir Agarwal as the sole arbitrator.
Smt. Reena Paltani And 3 Others v.M/S K.K. Tobacco Co. And 2 Others
The Allahabad High Court set aside a Commercial Court's rejection of an interim injunction application in a trademark infringement suit involving tobacco products. The petitioners argued that the respondents were infringing their registered trademarks ('KK99'/'KK 99') despite having a different registration ('V99K'). The court allowed the exemption from pre-litigation mediation and directed the lower court to urgently decide on the interim injunction and receiver appointment, recognizing the urgency of preventing further infringement.
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