BADRUDDIN SIDDIQUI Vs. R. B. AGENCIES

JUDGEMENT

(1.) Instant writ petition has been filed under Article 227 of the Constitution of India by the petietioner-plaintiff (hereinafter referred to "the plaintiff") assailing the order dtd. 16/8/2022 passed by the District Judge, District Jaipur in Civil Suit No.31/2018, returning the plaint filed for passing off the Trade Mark action on the ground of having no territorial jurisdiction.

(2.) Heard learned counsel for both parties, perused the impugned order as well as plaint and other material placed before this Court.

(3.) It is not in dispute that the plaintiff has filed the present suit under Sec. 134 of the Trade Marks Act, 1999 on the ground of passing off action, which falls within Sec. 134 (1) (c) of the Trade Marks Act 1999 (hereinafter referred to "the Act of 1999"). The plaintiff has pleaded that since 10/4/2008, the plaintiff using Trade Mark "Lal Qila" for the business of Paint Brush etc. Undisputedly, the plaintiff has no registration of Trade Mark "Lal Qila". In para No.21 of the plaint, the plaintiff has pleaded in respect of accrual of cause of action for passing off action in the following manner:- <IMG>JUDGEMENT_246_LAWS(RAJ)2_2023_1.jpg</IMG>