Supreme Court · 2025 INSC 687 · Decided 9 May 2025

K. Mangayarkarasi & ANR. v. N.J. Sundaresan & ANR.

Court
Supreme Court of India
Citation
2025 INSC 687 · [2025] 5 S.C.R. 1199
Case number
SPECIAL LEAVE PETITION (CIVIL) No. 13012/2025
Decided
9 May 2025
Bench
J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Arbitration Act Section 8; Stamp Act

Headnote

Can a trademark infringement suit be referred to arbitration if the defendant questions its maintainability on the ground of existence of an arbitration agreement between the parties and seeks a reference under Section 8 of the Arbitration and Conciliation Act, Act, 1996 - s.8 - Not all trademark disputes are non-arbitrable; those concerning contractual rights can be arbitrated - Petitioners filed a commercial suit against Respondents seeking permanent injunction in relation to trademark "SRI ANGANNAN BIRIYANI HOTEL/ABM

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