G.R.LUTHRA
GLAXO OP. U K LIMITED – Appellant
Versus
SAMRAT PHARMA – Respondent
( 1 ) [plaintiffs have sued Deft. for Injunction for infringment of their Trade Mark and Copyright about their Glaxose-D and Glucon-D. They complain that Deft. is selling his product Glucose-D in cartons deceptively similar to their, by having similar lay-out, get-up, colour combination and arrangement and is passing off his inferior goods as those of the plaintiffs. Plaintiffs applied for interim injunction placing on record documents showing that they are registered owners and users of the trade mark and copyright in question. Deft. made an application saying that Delhi Courts had no jurisdiction. After giving details, Single Judge disposed of the 2 applications thus :
( 2 ) IT is apparent from a plain reading of S. 62 (2), Copyright Act that the territorial jurisdiction with respect to any suit or other civil proceeding in respect of infringement of the copyright shall be the place where the plaintiffs or if there are more than one, any one of them is residing, carrying on business or personally works for gain. In this case it is stated by the plaintiffs that plaintiff No. 2 has registered office at Dr. Annie Besant Road, Bombay and has local office at Mathura Ro
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