HSIL LTD Vs. ORACLE CERAMIC AND ORS

JUDGEMENT

(1.) The plaintiff has filed the three suits aforesaid against the respective defendants to seek relief of permanent injunction, restraining infringement of trademark, infringement of copyright, against misrepresentation, passing off, unfair competition, dilution and for damages and delivery up, etc.

(2.) The suits are premised on the registered trademarks claimed by the plaintiff in respect of sanitary ware. The defendants in all the three suits are parties situated in the State of Gujarat and the plaintiff has not claimed that the defendants in the three suits have any presence in Delhi, i.e. within the jurisdiction of this Court, or that any part of cause of action has arisen within the jurisdiction of this Court. The plaintiff has, in all these suits, invoked Section 134 of the Trademarks Act, 1999 to claim jurisdiction in this Court on the premise that the plaintiff carries on business in Delhi/ it is located in Delhi. The plaintiff HSIL Limited is a company registered under the Companies Act having its registered office at Kolkata, West Bengal. The plaintiff also states that it has no office/ presence in the State of Gujarat. Thus, it would be seen that the plaintiff has invoked the territorial jurisdiction of this Court on the strength of the plaintiff having its own office (other than the registered office) in Delhi and on the plea that it is carrying on business in Delhi.

(3.) Since this Court was, prima -facie, of the view that this Court would not have territorial jurisdiction to deal with the present suits, the plaintiff's counsel was granted time to examine the said position. On 08.04.2016, the Court passed the following order: