Civil Procedure Code (CPC)

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Trial Court had territorial jurisdiction to entertain the Suit for infringement of Trade mark

Raj Kumar Makkad ,
  11 November 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Claim for perpetual injunction and relief of damages and rendition of accounts under provisions of Section 134 (2) of the Trade Marks Act, 1999 -Whether Trial Court had territorial jurisdiction to entertain the Suit for infringement of Trade mark?
Citation :
Ferring Pharmaceuticals Pvt. Ltd. v. Sun Pharmaceuticals Industries Ltd. (Decided on 19.10.2010) MANU/MH/1382/2010

Held, that the order passed by the Trial Court  in which it was held that the Court has jurisdiction to entertain the suit does not call for any interference. It appeared on perusal of the plaint that details regarded the accrual of cause of action. It was also noted that it was one of the manufacturing units of Plaintiff. Respondent was situated at Ahmednagar and as per the provisions of Section 134 of the Trade Marks Act, 1999, suit was presented before the Court at Ahmednagar. Petition presented by the Petitioner did not have merit in any consideration.

 
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