vis-a-vis Section 27, 106, 134, 135 of Trade and Merchandise Marks Act, 1958 r/w Order 2 Rule 2 and 3 of Civil Procedure Code, 1908 -
Composite suit - Jurisdiction of court - Defendant is resident of Andhra Pradesh, the Delhi High Court had no jurisdiction - Composite suit would not entitle a court to entertain a suit in respect whereof it has no jurisdiction, territorial or otherwise - What then would be meant by a composite suit? A composite suit would not entitle a court to entertain a suit in respect whereof it has no jurisdiction, territorial or otherwise. Order II Rule 3 of the Code specifically states so and, thus, there is no reason as to why the same should be ignored. A composite suit within the provisions of the 1957 Act as considered in Dhoda House (supra), therefore, would mean the suit which is founded on infringement of a copy right and wherein the incidental power of the Court is required to be invoked. A plaintiff may seek a remedy which can otherwise be granted by the court. It was that aspect of the matter which had not been considered in Dhoda House (supra) but it never meant that two suits having different causes of actions can be clubbed together as a composite suit.
Trade Marks, Act, 1999 - ss. 29, 30(1)(b) - Applications filed for injunction alleging infringement and passing off in respect of registered trademarks GAP, Old Navy and Banana Republic in respect of apparels . Plaintiffs raising the defence that they are doing parallel import of goods under aforesaid trademarks, for which infringement has been claimed and which were manufactured much before but were no longer in use and were intended for sale in specific country.
Use of GAPL and GAPPLE trademarks by defendants were in clear violation of s. 29(5). Defendants contended that goods were meant to be sold only in the Indian market were sourced as per Agreement. Held, defendants will not use abbreviated form of GAPL though they are entitled to use full name 'Garments and Accessories Price Less' . Defendants however can use trademark GAPPLE, but not in the same writing style or the colour combination of white on blue as identified with GAP. Further local Commissioner to inspect goods. Applications disposed of.