V. Kameswar Rao, J.

IA 18636 of 2013

1. By this order, I will decide the present application filed by the plaintiff under Order XXXIX Rule 1 and 2 CPC and the plea of the defendant that this Court does not have the territorial jurisdiction, to entertain this suit.

2. The Suit has been filed by the plaintiff for permanent injunction, restraining the defendant from infringing/passing off the trade mark; copyright of the plaintiff, unfair competition; damages and delivery up etc.

3. Suffice to state that the trademark of the plaintiff is ‘Officers Choice’, whereas the defendant’s is ‘regular choice’.

4. According to the plaintiff, the trade mark “Officer’s Choice” was coined and adopted during the year 1988 by the predecessor in rights, title and interest of the plaintiff. As per the demerger, transfer and vesting of the liquor business of M/s. BDA Pvt. Ltd with the plaintiff on a going concern basis vide Composite Scheme of Arrangement duly approved by order of the High Court, Bombay dated 23rd February, 2007, the plaintiff herein, became the proprietor of the trade mark “