LAWS(MAD)-2018-9-118

V S G LUNGI COMPANY Vs. JAYAM TEXTILES

Decided On September 05, 2018
V S G Lungi Company Appellant
V/S
Jayam Textiles Respondents

JUDGEMENT

(1.) There is a sole plaintiff and a lone defendant in the instant suit.

(2.) Before proceeding with the suit, it is necessary to examine the jurisdiction of this Commercial Division qua this suit.

(3.) Mr.Patrick, learned counsel for the sole plaintiff submits that this suit pertains to a complaint of infringement of registered trademarks and copyright of the plaintiff. In the light of the suit being one pertaining to a complaint of infringement of registered trademarks and copyright of the plaintiff, sub-section (1) of Section 134 of the Trademarks Act, 1999 and sub-section (2) of section 62 of the Copyrights Act, 1957, will operate, is his say. Learned counsel submits that in the light of the aforesaid two provisions operating, 'specified value' is of no relevance and this Commercial Division will have jurisdiction to entertain this suit under the first proviso to Section 7 of The Commercial Courts Act, 2015, ('said Act', for brevity) is his further say.