MOHTIMBAS ENGINEERING PVT. LTD. Vs. MACHINE N TOOLS

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This notice of motion is taken out in a Commercial IP Suit, which seeks to protect intellectual property rights in a registered trademark. The suit complains of infringement of a registered trademark as also passing off of goods inter alia by means of copying the Plaintiffs' trade dress. Since the Defendants carry on business outside the local limits of the jurisdiction of this Court and the Plaintiffs propose to combine the cause of action of passing off with that of infringement, the Plaintiffs have sought leave under Clause XIV of the Letters Patent by Leave Petition No.139 of 2019.

(3.) There is no serious objection to such leave. The leave petition is, accordingly, allowed.