Court exempts pre-institution mediation and orders interim measures against alleged infringing actions by MJ Talk Tools.
In a recent judgment dated May 29, 2026, the Delhi High Court, presided over by Justice Tushar Rao Gedela, addressed a significant intellectual property dispute between M/s Speechgears India Pvt Ltd and MJ Talk Tools & Ors. The plaintiff, Speechgears India, sought urgent interim relief against the defendants, alleging infringement of trademark and copyright, as well as violation of trade dress.
The court granted Speechgears India an exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, citing urgency in the matter. This decision was influenced by the Supreme Court's ruling in the case of Yamini Manohar v. T.K.D. Keerthi, which set a precedent for granting such exemptions in urgent cases.
The plaintiff's legal team, led by advocates Ms. Rajeshwari H. and Ms. Nupur Goswami, presented a strong case demonstrating prima facie evidence of the defendants' products being deceptively similar to those of Speechgears India. The court noted that the defendants had allegedly copied the plaintiff's tool kits, including the ISI registration number and literature from the plaintiff's brochure. The tools were specifically designed for children with autism and speech impairments.
Despite the plaintiff's failure to explain the delay in acting on a cease and desist notice issued earlier, the court found it reasonable to direct IndiaMart, an online platform involved in the case, to de-list the URLs associated with the infringing products pending further hearings. This interim measure aims to prevent further alleged infringement until the case is resolved.
Furthermore, the court issued directions for the systematic handling of the case. Defendants were ordered to file a Written Statement within 30 days of receiving summons, and the plaintiff was granted the liberty to file a Replication within the same timeframe upon receipt of the Written Statement. Both parties were instructed to include affidavits of admission or denial of documents to ensure a transparent litigation process.
The case is set for its next hearing before the Vacation Bench on June 22, 2026, where further arguments and evidence will be considered.
Bottom line:-
Exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 granted due to urgency in seeking interim relief.
Statutory provision(s):
- Commercial Courts Act, 2015, Section 12A
- Trade Marks Act, 1999
- Civil Procedure Code, 1908, Order XXXIX Rules 1 & 2
- Civil Procedure Code, 1908, Order XXVI Rule 9
- Civil Procedure Code, 1908, Section 151
M/s Speechgears India Pvt Ltd v. MJ Talk Tools, (Delhi) : Law Finder Doc id # 2921913
