WORLD WRESTLING ENTERTAINMENT INC Vs. RESHMA COLLECTION

JUDGEMENT

(1.) This suit has been filed to seek permanent injunction restraining Infringement of Copyright, Infringement of Trademarks, Passing Off, Dilution, Rendition of Accounts, Damages and Delivery up etc by World Wrestling Entertainment Inc, a company incorporated under the laws of the State of Delaware, United States of America. The defendants are located in Mumbai and are not claimed to be carrying on business within the jurisdiction of this Court. The jurisdiction of this Court has been invoked by relying upon Section 134(2) of the Trademarks Act, 1999 and Section 62(2) of the Copyright Act, 1957.

(2.) In this background this Court required learned counsel for the plaintiff to advance his submissions with regard to the territorial jurisdiction of this Court to entertain the present suit, in view of the Division Bench judgment of this Court in Archie Comic Publications, Inc Vs. Purple Creation Pvt Ltd & Ors., 2010 172 DLT 234 , which follows the judgment of the Supreme Court in Dhodha House Vs. S.K. Maingi, 2006 9 SCC 41- keeping in mind the fact that the plaintiff is a foreign company with no branch office in Delhi. A factual background as per the averments in the plaint is set out below.

(3.) The plaintiff is a foreign international integrated media and entertainment company having its registered office at 1241 East Main Street, Stamford, Connecticut 06902, USA. The plaint has been filed through its constituted attorney Mr. D. C. Sharma.