Tel. HC: Right to Personal Liberty Includes Right to Possess Passport  ||  Ker HC: Revisional Power of Collector Can be Exercised against AO under S.13 of Ker Building Tax Act  ||  SC Rules in Favor of Central Government in batch of pleas challenging the Abrogation of Article 370  ||  Bom HC: Unpublicized Tender Condition if Permitted to be Acted Upon Amounts to Denial of Opportunity  ||  Raj. HC: Can’t Refuse Marriage Certificate Merely Because one of the Parties is a Foreign National  ||  Del. HC Calls for User-Friendly Handbook for Accessibility in Missing Children Cases  ||  All. HC: Husband Not Liable for Marital Rape if Wife is 18 Years or Above  ||  Del. HC: Obtaining of Voice Samples of Accused Must be in Compliance with Telegraph Act  ||  P&H HC: Peaceful Protest is Not a Penal Offence Under Section 188 IPC  ||  All HC: AO Must Consider Form 10 u/s 17 Supplied After Limitation But Before Assessment is Completed    

Havells India Limited v. The Advertising Standards Council of India - (High Court of Delhi) (03 Feb 2016)

‘Commercial disputes’ not an inclusive definition



Havells’ attempts to have its dispute with the Advertising Standards Council of India heard at the High Court took a blow after the court rejected claims that the matter was a ‘commercial dispute’. Havells India initiated proceedings against the Council’s order demanding it to amend its tagline and trade mark “wires that don't catch fire”, which is used in advertisements nationally. It did so by claiming intellectual property right infringements, which the court was unimpressed by. It noted, “[the dispute] has no concern with any intellectual property right claimed by the plaintiff”.

With Havells having exhausted the ‘commercial disputes’ option, it will amend its plaint to value it over Rs. 1 crore to meet the pecuniary threshold keeping it at the High Court.

Relevant : Century Plyboards (India) Ltd. vs. The Advertising Standards Council of India MANU/MH/0030/2000 Tata Press Ltd. vs. Mahanagar Telephone Nigam Limited and Ors. MANU/SC/0745/1995 Section 2 Commercial Courts Act, 2015


Share :        

Disclaimer | Copyright 2023 - All Rights Reserved