WORLD WRESTLING ENTERTAINMENT, INC. Vs. RESHMA COLLECTION

JUDGEMENT

(1.) THIS appeal is directed against the order dated 04.10.2013 passed by a learned Single Judge of this Court in CS(OS) 1801/2013, whereby the plaint filed by the appellant/plaintiff was directed to be returned to the appellant/plaintiff under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'), to be presented before a court of competent jurisdiction.

(2.) THE suit had been filed by the appellant/plaintiff seeking permanent injunction based on alleged infringement of its copyright, infringement of its trademarks, passing off, dilution, rendition of accounts, damages and delivery up etc. It is an admitted position that the appellant/plaintiff is a company incorporated under the laws of the State of Delaware, United States of America and that all the defendants reside in Mumbai and do not carry on business within the jurisdiction of this Court. The appellant/plaintiff claimed that this Court has jurisdiction to entertain the said suit on account of the provisions of Section 134(2) of the Trademarks Act, 1999 and Section 62(2) of the Copyright Act, 1957. The specific plea with regard to jurisdiction was made in paragraph 32 of the plaint which reads as under: -

(3.) THE appellant/plaintiff offers a variety of memorabilia including, but not limited to, apparel, posters, calendars, fact books, sunglasses, water bottles, key -rings, DVD's etc. It has more than 200 licensees distributing its products in 86 countries, including India. It has been averred by the appellant/plaintiff that it licenses out its well known trademarks and the images/characters to different parties for use on merchandise in a wide range of products.