PREMIER DISTILLERIES PVT LTD Vs. SUSHIL DISTILLERIES

JUDGEMENT

(1.) The plaintiff which has its place of business at Banglore had sought leave to institute a suit in this Court claiming an injunction again passing off by the defendant, which is a company having its place of business at Pondicherry. It was alleged that a part of cause of action for the suit arose in Chennai, as the plaintiff's application for registering it as the owner of a trade mark "Royal Gold Cup" whisky was filed before the Registrar of Trade Marks at Madras on 18.3.1998. Leave was granted on 4.1.2001. Subsequently the defendant, after entering appearance applied for revoking the leave. That application, having been dismissed, the defendant in the suit is in appeal before us.

(2.) It was submitted for the plaintiff that having regard to the fact that a trade mark when registered will date back to the date of application, the factum of having filed an application for registration in the registry would suffice to clothe the plaintiff with the right to contend that a part of cause of action in relation to passing off of a trade mark for registering which an application has been filed arise in the city in which Registrar's Office is located. As admittedly, the Registrar of Trade Marks has an office at Chennai and the application was filed in that office, it was submitted that a part of cause of action has arisen in the city of Chennai, even though neither the plaintiff nor the defendant reside or carry on business in Chennai, and the goods with reference to which right to the trade mark is asserted is not marketed in Chennai.

(3.) The submission so made, eventhough found favour with the learned single Judge, cannot be regarded as one which could properly be accepted.