Prathiba M. Singh, J.

I.A. 17221/2015 (u7/O VII, R.11), I.A. 17220/2015 (u/O VII, R.10) & I.A. 23496/2014 (u/O VII, R.11 on behalf of Defendant No. 7)

1. The Plaintiff has filed the present suit seeking permanent injunction restraining infringement of trademark, passing off, damages, etc. in respect of the trademark ‘Burger King’ and ‘Hungry Jack’s’ both as a trademark as also part of their corporate names. All the Defendants are based out of Mumbai, Maharashtra. The Plaintiff is a U.S. based company. The Defendants have filed the above application seeking rejection of the plaint on the ground of lack of cause of action and lack of territorial jurisdiction.

2. The jurisdiction paragraph in the plaint reads as under:-

“50. This Hon'ble Court has the necessary jurisdiction to entertain and try the present suit for the following reasons:-

(i) Under Section 134 (2) of the Trade Mark Act, 1999 since the Plaintiff is carrying on business in New Delhi by virtue of:-

• Numerous agreements and contracts entered into by the Plaintiff with various parties within the territory of New D