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KRISHNA RAO
Khaitan India Limited – Appellant
Versus
Khaitar Industries Private Limited – Respondent
JUDGMENT :
Krishna Rao, J.
1. The defendants have filed the present application praying for framing of preliminary issue:
2. The plaintiff has filed the suit against the defendants, for permanent injunction, restraining the defendants and each of them, their servants, agents, assigns, distributors, stockists and dealers from in any way or any manner infringing the plaintiff's trademark “KHAITAN” or any other words identical or deceptively similar to the trademark of the plaintiff.
3. Learned Advocate representing the defendants submitted that the defendants are carrying on business outside the jurisdiction of this Court and admittedly the defendants are not selling the product having trademark “KHAITAR” within the jurisdiction of this Hon'ble Court. He submits that as per the averments made in paragraph 52 of the plaint, the plaintiff has pleaded that the defendants are selling products having mark of “Khaitar” in and around Hyderabad and Telangana which is outside the jurisdiction of this Court and the plaintiff has also pleaded that the acts of passing off has been committed and is cont
The rights of prior user are superior to that of registration under the Trade Marks Act, 1999, and the action for passing off, based on the rights of prior user generating goodwill, shall be unaffect....
Jurisdiction in trade mark cases arises where cause of action occurs, including digital accessibility, not solely based on physical business locations.
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
The Court emphasized that the question of jurisdiction was a mixed question of law and fact, and the damages were tentatively assessed, with the Court fee to be determined at the time of the final de....
The necessity for substantiated factual averments in pleadings is essential to establish jurisdiction in cases involving copyright infringement under the Copyright Act.
To establish trademark infringement, the plaint must demonstrate use 'in the course of trade'; mere display of a mark without commercial activity does not satisfy this requirement.
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