22/09/2026
Supreme Court on Jurisdiction in Trademark Infringement Suits
The Supreme Court recently considered whether a Civil Judge (Senior Division), notified as a Commercial Court, can entertain a trademark infringement suit despite Section 134 of the Trade Marks Act, 1999, which requires such suits to be instituted before a Court not inferior to a District Court.
The Court noted an apparent conflict between the Trade Marks Act, 1999 and the Commercial Courts Act, 2015, particularly where Civil Judges are notified as Commercial Courts. Different States have adopted different approaches, resulting in uncertainty regarding the appropriate forum.
The Supreme Court therefore referred the issue to a Larger Bench for an authoritative and uniform determination of the law throughout India and stayed the pending suit before the Civil Judge, Jamshedpur.
Can Civil Judge Notified As Commercial Court Hear Trademark Infringement Suits? Supreme Court Refers To Larger Bench
The Supreme Court on Monday (September 21) has referred to a Larger Bench the question whether a Civil Judge (Senior Division) notified as a Commercial Court under the Commercial Courts Act, 2015...
