PHYSIQUE Vs. PHYSIQUE INDIA LIMITED

JUDGEMENT

(1.) THE respondent before us instituted a suit on the Original Side of this Court praying for a decree of permanent injunction restraining the use of trade mark 'Physique' or any other visually similar mark in relation to sports and play things, gymnastics and sporting articles for personal use and use the same pouches, packets or use the mark in invoices, letters heads and visiting cards or any other trade literature. In order to invoke the jurisdiction of this Court, the plaint including cause of action paragraph contains the following averments:

(2.) THE plaintiff was granted leave to institute a suit by an order dated 22.04.2008 in Application No. 3262 of 2008. The defendant/appellant before us moved an application seeking revocation of leave granted by this Court and that application was dismissed by the impugned order dated 25.11.2011.

(3.) A perusal of the impugned order would show that the learned Single Judge, after discussing the issue of territorial jurisdiction, came to the conclusion that once a part of cause of action has admittedly arisen within the jurisdiction of the Court, i.e. the Trade Mark of the plaintiff/respondent was registered at Chennai and this Court had granted the leave to sue by exercising jurisdiction under Clause 12 of the Letters Patent, it would not be open for the successor of Court to take a different view.