High Court of Delhi

Havells India Limited v. The Advertising Standards Council of India

MANU/DE/0297/2016

03.02.2016

Commercial

‘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

Tags : commercial dispute valuation advertising

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