VISHAL PIPES LIMITED Vs. BHAVYA PIPE INDUSTRY

JUDGEMENT

(1.) The present is an appeal challenging the order dtd. 28/1/2022 passed by the ld. ADJ-03, Patiala House Courts, New Delhi in the suit bearing TM 1/2022 titled Vishal Pipes Limited v. Bhavya Pipe Industry, which is a suit seeking permanent injunction against infringement of registered trademark and copyright as also reliefs for passing off, delivery up, rendition of accounts, etc. for usage of the trademark "BPI", which is stated to be similar to the Appellant"s/Plaintiff's (hereinafter "Plaintiff") trademark "VPL INDIA". The grievance of the Plaintiff was that the ld. ADJ had refused to grant an ex parte order of injunction and had also failed to appoint a Local Commissioner for seizure of the alleged infringing goods.

(2.) When the matter was listed on 2/3/2022, the Court had noticed that while trademark disputes are being adjudicated at the District Level by Commercial Courts, the present order had been passed by the ld. ADJ who was not designated as a Commercial Court. Upon enquiring the reason for the same, the Court was informed that the suit is valued below Rs.3,00,000.00 and thus, in view of the pecuniary provisions in the Commercial Courts Act, 2015 (hereinafter "CCA"), where the "specified value" for "commercial disputes" is 3,00,000/-, read with Sec. 134 the Trade Marks Act, 1999 (hereinafter "Trademarks Act") where a suit relating to trademarks is to be filed and heard only by a District Court, the suit was marked to a District Judge, not designated as a Commercial Court. The logical corollary of this is that the provisions of the CCA also are not made applicable to such a suit. The Court found this situation to be quite peculiar and, accordingly, passed the following order on 2/3/2022:

(3.) The question that arises for consideration in this matter is as to whether IPR suits filed before District Courts, valued below Rs.3.00 lakhs, ought to be listed before and adjudicated upon by the District Judges (Commercial) under the provisions of the CCA or by District Judges (non-Commercial), as normal civil suits.