TRADEMARK INFRINGEMENT LAWSUITS ARE NOT EXEMPT FROM PRE-INSTITUTION MEDIATION ONLY BECAUSE THERE ARE LEGAL REPERCUSSIONS, ACCORDING TO THE COMMERCIAL COURTS ACT: MADRAS HIGH COURT The Madras High Court has held that the mere existence of a penal consequence cannot be a justification for a party to refuse to comply with the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The Court rejected an application for leave to sue made by Aachi Spices and Foods in a lawsuit seeking an injunction prohibiting Karaikudi Achi Mess from using the trademark name or similarly sounding expression in any media, websites, or other platforms. With a team of Commercial Law experts, Reddy & Reddy Law Firm has extensive experience and involvement in commercial disputes, including Insolvency Proceedings. We are regularly involved in representations before NCLT, NCLAT, DRT and other commercial tribunals in India.