The main legal point established in the judgment is that the registration of a trademark in a specific jurisdiction and the intention to sell goods in that jurisdiction confer territorial jurisdiction to the court for trademark and copyright infringement cases.

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 years from 29th December, 2003. The plaintiff has asserted that the plaintiff has been getting its products manufactured/produced in India under the aforesaid trademark and trade name and has maintained its aforesaid trademark registrations in India. Plaintiff has further asserted that right from its inception, the plaintiff has always intended to extend its goods and business under its various trademarks, including the said trademark and trade name into India, which the plaintiff has since done.

( 4 ) THE plaintiff alleges that the defendants, who are also engaged in the business of manufacture and trade of clothing, ready-made garments and hosiery goods, have adopted and are using in the course of trade the trademark "oliver" and/or "olives" in an artistic manner in relation to their goods and business without the leave and license of the plaintiff. The impugned trademark of the defendants is identical with and/or deceptively similar to the "s. Oliver" trademark, trade name and domain name of the plaintiff in each and every aspect. The impugned goods and business of the defendants thereunder are also of the same/similar/allied/cognate nature to that of the plaintiff. The defendants are thus infringing the plaintiff's aforesaid trademark under Registration No. 522064 in Class 25 as also violating the plaintiff's copyrights. It was on or about march, 2004, the plaintiff became aware of the defendants and their impugned adoption and use of the plaintiff's trademark through the defendants' application for registration of the trademark "olives" under Application no. 111596 in Class 25, which was advertised in Trade Mark Journal MEGA 5 dated 14th November, 2003 at Page 6027-6028. Immediately on becoming aware of the defendants impugned application from the Trade Mark Journal, the plaintiff lodged a notice of opposition in Form TM-5, which is pending under Opposition no. KOL-171121. The plaintiff also served a legal notice dated 1st April, 2004 calling upon the defendants to cease and desist from their impugned activities. The defendants not having ceased their impugned activities, the present suit was instituted in this Court.

( 5 ) PARAGRAPH 32 of the plaint, which pertains to the jurisdiction of this court and which is the anchor-sheet of the contentions of both sides, is as extracted hereinbelow:-"32. This Hon'ble Court has the jurisdiction to try and adjudicate the present suit. The defendants impugned activities of infringement and passing off are being carried on within the jurisdiction of this Hon'ble Court. Defendants are commercially manufacturing and dealing in the impugned goods and business and selling them under the impugned Trade Mark and soliciting trade thereunder within the jurisdiction of this Hon'ble Court and/or have all the intentio