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2017 (1) TMI 575 - HC - Indian LawsInfringement of trademark/copyright - whether the averments made in the plaint indicate that the present suit is a quia timet action and is based on the plaintiff’s apprehension of infringement of trademark/copyright within the territorial limits of this Court? - Held that:- The cause of action in the present case – even as described by the plaintiff in paragraph no. 26 of its plaint – is not of any apprehended injury by future action but essentially stems from the use of the trademark/label “Smart Choice” by the defendant in praesanti. It is alleged that defendant no.1 is using the trademark in Andhra Pradesh, which was discovered by the plaintiff in 2013; and this is the cause of action for the plaint as pleaded by the plaintiff. A mere bald statement at the end of the plaint which has no foundation in the entire plaint cannot be accepted as indicating the cause of action; the averments made in the plaint must, ex-facie, disclose the cause of action. Thus, the contention that part of cause of action has arisen within the territories of this Court since the plaintiff has made a bald statement that it apprehends that defendant would launch its product in Delhi, cannot be accepted.
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