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M. I. ARUN
Gangadharappa Munindra Kumar @ Kumar G. M. – Appellant
Versus
Eaglesight Media Private Limited (ESMPL) – Respondent
ORDER :
1. Aggrieved by the orders passed on memo filed by defendant No. 3 in O.S. No. 584/2022 dated 03.09.2022 passed by the XVIII Additional City Civil Judge at Bengaluru City, defendant No. 3 therein has preferred this petition.
2. Respondent No. 1 is the plaintiff before the trial Court. It has filed O.S. No. 584/2022 with the following prayers:
(b) Also restrain the Defendants not to enter into contracts or agreement with Media Partners and channel Partners of the Plaintiff company by misusing the name of the Plaintiff Company.
(c) Such other orders/reliefs as this Hon'ble court deems fit to grant in the facts and circumstances of the case.
(d) Costs of the Suit.
3. The suit pertains to intellectual property. However, as the prayer pertains to injunction, the suit has been valued at one thousand rupees as per Section 26(c) of the K
For a suit to be considered a commercial dispute, it should meet both the requirements of falling within the definition of a commercial dispute and having a specified value of more than Rs. 3 lakhs. ....
The jurisdiction for commercial disputes involving intellectual property rights exceeding Rs.3,00,000 must be adjudicated by Commercial Courts as per the amended Commercial Courts Act.
In commercial disputes under the Trade Marks Act, 1999, the specified value for jurisdiction must be determined under Section 12 of the Commercial Courts Act, 2015, which takes precedence over the Ka....
The court confirmed that the counter-claim is a commercial dispute under the Commercial Courts Act, emphasizing the need for clear admissions for invoking judgment on admissions.
(1) Suits valuation – Issue of a deliberate suppression of valuation would have to be considered and answered based on facts obtaining in an individual case.(2) IPR Suit – Unless twin conditions of c....
The court established that disputes arising from license agreements for properties used exclusively for trade qualify as commercial disputes under the CC Act.
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