Supreme Court Refers Trademark Jurisdiction Conflict Under Commercial Courts Act to Larger Bench

I.S.D.S. Private Limited & Anr. Vs Khemka Food Products Pvt. Ltd. & Anr. (Supreme Court of India)

Can a Civil Judge Try Trademark Infringement Suits Despite Section 134 Bar? Supreme Court Refers Conflict to Larger Bench

The Supreme Court has referred to a larger Bench an important jurisdictional question concerning the interplay between section 134 of the Trade Marks Act, 1999 and the Commercial Courts Act, 2015.

Section 134 expressly prohibits the institution of specified trademark suits before any court inferior to a District Court having jurisdiction. However, several High Courts, exercising powers under the Commercial Courts Act, have notified Courts of Civil Judge (Senior Division) as Commercial Courts for disputes falling within particular pecuniary limits.

The issue is whether such a notification can confer jurisdiction upon a Civil Judge (Senior Division) to entertain a trademark infringement suit despite the express statutory restriction contained in section 134 of the Trade Marks Act.

The Supreme Court observed that the legislative command contained in a Parliamentary enactment cannot ordinarily be diluted through notifications issued by different High Courts. However, noticing apparently conflicting precedents, the matter was directed to be placed before the Chief Justice of India for constitution of an appropriate larger Bench.