Monday, May 17, 2010

Trade Marks Act, 1999 Section 134

Civil Procedure Code, 1908
Order 7 Rule 11

Jurisdiction to entertain the suit — Plaintiffs product available for sale and distribution in Delhi — Defendant's products also available for sale in Delhi — Allegation in plaint that defendants violated the plaintiffs trade mark or copyright at Delhi — The cause of action having arose at Delhi, rejection of plaint is not called for.
If the Plaint discloses that the Defendant has violated the Plaintiffs Trademark or Copyright in a particular place, the cause of action would arise therein. [Paras 9 & 10]

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