K Law (Krishnamurthy & Co)

India

Review

Dispute resolution

Krishnamurthy & Co (K Law) has an active dispute resolution practice staffed with seasoned litigators. Its intellectual property expertise is well known. The team is experienced in resolving commercial, civil, criminal and constitutional law matters for clients across many sectors. Its members have advocated in various judicial, quasi-judicial and administrative forums around the country. This year the firm moves up a rank in the commercial and transactions table.

The key dispute contacts are senior partner Ayush Agarwala and partner Shujath Ahmed. Agarwala is an insolvency and projects specialist, while Ahmed is a contentious IP expert. Nikhil Krishnamurthy is the firm’s IP guru.

In a significant highlight, the team continues to represent the Material Recycling Association of India in a writ petition filed in the Supreme Court seeking strict implementation of the orders and directives passed by the government for non-levy of demurrage, detention charges and other penal charges from importers across India by shipping lines and container freight stations. When the case concludes, it will have a nationwide impact on all importers in the country who have been forced to pay penal charges to shipping lines, container freight stations and inland container depots.

The IP group is acting for Peel-Works Private in a trademark infringement matter against GTS Bullet Rice. The proprietor of GTS Bullet Rice obtained an ex-parte order of injunction against the client on the ground that selling GTS products on its mobile app, Taikee, would amount to infringement of the proprietor’s trademark and copyright. The contention was raised that GTS products having been lawfully acquired by Peel-Works, they were entitled to sell them on Taikee, as provided for under the Trademarks Act. The Bangalore civil court, upon considering the defence raised by Peel-Work, vacated the ex-parte order and held that since the client was using the Plaintiff’s registered trademark only for the purpose of identification of goods or services as those of the proprietor, the same does not amount to infringement.

Litigation partner Aditi Mittal departed for Kochhar & Co mid-2022.

The firm’s key clients includes Axis Bank, Bank of India, Caterpillar India, Edelweiss, Flipkart Internet, IL&FS Engineering and Construction, L&T Finance Holdings, Mahindra & Mahindra, TTK Prestige and Xander Finance.