2018 (5) TMI 1874 - SC - Indian Laws

Territorial jurisdiction - plea of the appellant is that the proceedings can be instituted where instituting party is residing or carrying on its business - Section 134 of the Trade Marks Act 1999 - HELD THAT - No doubt the appellant has an office at Bhopal but according to the averments in the plaint the violation of the Trade Mark took place at Rajpur District Barwani Madhya Pradesh. The Court at Bangalore has jurisdiction to decide the case in accordance with law - appeal allowed.

Summary

The Supreme Court of India allowed the appeal, stating that the Court in Bangalore has jurisdiction to decide the case under Section 134 of the Trade Marks Act, 1999. The violation of the Trade Mark took place in Rajpur, District Barwani, Madhya Pradesh.