Case Title: ITC Limited Vs Interstellar Testing Centre Pvt. Ltd.
Date of Order: 21.08.2025
Case Number: IP-COM/42/2024 [Old No CS/159/2022]
Name of Court: High Court at Calcutta (Intellectual Property Rights Division)
Name of Judge: Hon’ble Justice Ravi Krishan Kapur
The suit concerns ITC Limited’s claim for infringement and passing off against Interstellar Testing Centre Pvt. Ltd., objecting to the latter’s use of the “ITC LABS” mark and the domain www.itclabs.com. ITC Limited alleged urgent interim relief was necessary and obtained exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. Upon challenge, it emerged that Interstellar Testing Centre Pvt. Ltd. had used “ITC LABS” for over thirty years, well before 2022, and ITC Limited had prior dealings with it, contradicting claims of recent discovery and urgency in the plaint. The court found that material facts were suppressed and the urgency was artificially created. Based on binding precedents, especially Dhanbad Fuels v. Union of India, as the suit was instituted before 20.08.2022, the court ordered a stay of proceedings, directing both parties to undergo compulsory mediation as per Section 12A within three months from the date of order.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.
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