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2015 (7) TMI 277 - SC - Companies LawJurisdiction of High Court - Infringement of the Trademark / Copyright - Interpretation of section 62 of the Copyright Act, 1957 - Interpretation of section 134(2) of the Trade Marks Act, 1999 - Place of initiation of suit Delhi vs Mumbai - Head office situated at Mumbai while branch office at Delhi - Held that:- In our opinion, the provisions of section 62 of the Copyright Act and section 134 of the Trade Marks Act have to be interpreted in the purposive manner. No doubt about it that a suit can be filed by the plaintiff at a place where he is residing or carrying on business or personally works for gain. He need not travel to file a suit to a place where defendant is residing or cause of action wholly or in part arises. However, if the plaintiff is residing or carrying on business etc. at a place where cause of action, wholly or in part, has also arisen, he has to file a suit at that place. In order passed by the delhi high court [2008 (11) TMI 658 - DELHI HIGH COURT] , it was held that if the cause of action has arisen at a place where the Plaintiff actually and voluntarily resides or carries on business or personally works for gain, that place is not only the appropriate but also the only place where a suit can be instituted ventilating a grievance of violation of copyright, (and since the provisions are similar) to an infringement of the trademark. In holding so we are not ignoring the provisions of either the Copyright Act or the Trade Marks Act; we are only imparting a pragmatic interpretation to them.Thus, for the aforesaid reasons mentioned by us in the judgment, we are not inclined to interfere with the orders passed by the High Court. - Decided against the appellant.
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