(1.) This application has been moved by the defendant under Order 7 Rule 10 CPC to seek the return of the plaint to the plaintiff for filing the same in the proper court having jurisdiction, on the premise that this court lacks territorial jurisdiction to entertain and try the present suit.
(2.) The plaintiff has filed the present suit under Sec. 134 and 135 of the Trade Marks Act, 1999 and the Copy Right Act, 1957 alleging infringement of the plaintiffs registered trademark as well as infringement of the plaintiffs copyright, and passing off. The plaintiff also seeks rendition of accounts etc. from the defendant. The case of the plaintiff is that the plaintiff M/s. RSPL Limited, which has its registered office at Kanpur and corporate office at Pitampura, New Delhi is engaged in the business of manufacturing and marketing of soaps and detergents. The plaintiff claims to have honestly and bonafidely adopted the trademark GHARI/WATCH/CLOCK since 1975. The plaintiffs mark GHARI label is registered with the Registrar of Trademarks in several classes. Several applications of the plaintiff for registration of the trademark GHARI label are also stated to be pending.
(3.) The plaintiff claims to hold a copyright in the original art work in GHARI label, which is also stated to be registered. The plaintiff claims that its mark/label is well known. In para 26 of the plaint, the plaintiff avers as follows: - -
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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