SHAKTHI FASHION Vs. BURBERRY LIMITED

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present revision petition has been filed challenging the impugned order dtd. 21/12/2021 passed by the ld. Commercial Court concerning the application filed by the Petitioners/Defendants (hereinafter, "Defendant") under Order VII Rule 11 CPC seeking rejection of the plaint on the ground of territorial jurisdiction. The application was dismissed by the ld. Commercial Court.

(3.) The case of the Respondent/Plaintiff (hereinafter, "Plaintiff") is that the Plaintiff is the owner of the mark "BURBERRY" and is in the business of selling luxury garments across the world and in India. The mark is registered in India under trademark application no. 905511.