Sunday, June 13, 2010

Trade Marks Act, 1999

Section 134
Civil Procedure Code, 1908 .
Order 7 Rule 11 -Return of plaint

Plaintiffs have been selling well known FORD Cars . Against thgis the respondent falsely claiming to be of proprietors of the mark FORD in Class-25 and using the mark FORD in respect of selling and promoting their footwear . Action brought against defendants of infringement of trademark .
Held when the plaintiffs carry on business in commercial quantities and have apponted authorised agents in Delhi, in such a factual situation Delhi High Court possessing territorial jurisdiction to entertain the Suit

Pleadings have to be taken to be a correct narration of facts . Application for rejection of plaint under CPC, dismissed.

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