Tuesday, May 18, 2010

Civil Procedure Code, 1908

Section 20
Trade Marks Act, 1999
Section 134

Territorial Jurisdiction — Permanent injunction in respect of trade mark "SAI RENAISSANCE" or any other trade mark incorporating word "Renaissance" or deceptively similar — defendant's hotel in Bangalore — Averments that defendants were targeting customers in Delhi, not only through travel agent but also on-line and off-line — Plaintiff carrying on business at Delhi through on-line operation by accepting bookings for its Renaissance chain of hotels for its Delhi based customers — Booking of hotel rooms by hospitality or Travel Agents spread over throughout the world would not give rise to the presumption that the Hotel's business was being done at the place of such agent — Place of business and place of work has to be understood not looking at the booking through e-mails but where the actual physical business of hospitality is being done — Court at Delhi has no territorial jurisdiction — Plaint, directed to be returned.

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