REVA KHETRAPAL, J.

( 1 ) THIS application under Order 7 Rule 10 read with Section 21 and Section 151 Code of Civil Procedure is filed by the defendants for return of the plaint to the plaintiff on the ground that this Court has no jurisdiction to entertain and try the suit.

( 2 ) THE suit filed by the plaintiff is one for the relief of injunction, delivery up and rendition of accounts of profits for infringement of trademark and copyright.

( 3 ) THE plaintiff is a company duly organised under the laws of Germany and is engaged in the business of manufacture and trade of a wide range of fashion and lifestyle products, which principally include clothing and ready-made garments of all kinds. The plaintiff's trademark "s. Oliver" is duly registered in favour of the plaintiff in India under the Trade Marks Act, 1999 vide trademark Registration No. 522064 in Class 25 in relation to articles of clothing included in class 25 as of 29th December, 1989. The user claimed is that of 01. 09. 1975. Alongwith the plaint, the plaintiff has enclosed true copy of its publication in the Trade Mark Journal No. 1148 alongwith Renewal Certificate certifying its renewal for the onward period of ten ye