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2014 (1) TMI 1657 - HC - Companies LawInfringement of trademarks - trade mark "Ultra Tuck" - territorial jurisdiction of this Court - accrual of cause of action - Held that:- In view thereof, the contentions raised by the Defendants that the cause of action can be said to have occurred only where the actual infraction of the Plaintiffs' right has taken place or that Clause XIV of the Letters Patent mandates that at least one cause of action should have arisen within the jurisdiction of this Court or Clause XIV specifically contemplates the accrual of cause of action within the jurisdiction of this Court or recourse to Clause XIV of the Letters Patent cannot be taken to in a case where the entire cause of action arises outside the jurisdiction of the concerned Court cannot be accepted. The case law relied upon by the Defendants in support of the above contentions is also not relevant in the facts and circumstances of the present case. There is no doubt that this Court has jurisdiction to grant relief of infringement and is therefore also empowered to grant leave under Clause XIV of the Letters Patent to the Plaintiff. The contention of the Defendants that their mark consisting of the words "Ultra Tuck" is registered is, as submitted by the Plaintiffs, irrelevant inasmuch as it is a settled position of law that the suit for infringement is maintainable even in a case where the defendants' mark is registered. In the present case to avoid multiplicity of proceedings, it would be appropriate to grant leave under Clause XIV of the Letters Patent and allow the Plaintiffs to combine the cause of action for passing off along with the cause of action for infringement.
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