LALCHHAMAN DAS BEHARI LAL Vs. PADAM TRADING COMPANY

JUDGEMENT

(1.) This application under Order 7 Rule 11 read with Section 151 of the CPC has been filed by the defendants for the rejection of the plaint for want of territorial jurisdiction.

(2.) I have heard learned counsel for the applicants/defendants and learned counsel for the plaintiff-respondent. I have gone through the records.

(3.) The facts relevant for the disposal of this application, briefly stated, are that the plaintiff firm has filed a suit for permanent injunction restraining the defendants from infringing its trade mark, copyrights, passing off and rendition of accounts inrespect of snuff being sold by plaintiff under the Registered Trade Mark "SWAMI". The plaintiff has claimed not only trade mark rights in its favour but registered copyrights also in respect of the label which carries seven portraits of the great grand father of the partners of the plaintiff printed in a unique design, having distinctive colour scheme and arrangement of features. The defendants are alleged to be infringing not only the trade mark but the copyrights also of the plaintiff firm and passing off their goods as those of the plaintiff. In para 29 of the plaint, it has been alleged that the author of the artistic work, and the plaintiff firm, the owner of the artistic work reside in Delhi and are having their business at Delhi and as such as per Section 62 (2) of the Copyright Act, 1957 this Court has territorial jurisdiction to try the suit.