SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1983 Supreme(Del) 359

G.R.LUTHRA
Glaxo Orthopedic U. K. Ltd. – Appellant
Versus
Samrat Pharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Anand and K.G. Bansal

JUDGMENT :

G.R. Luthra, J.

(1) [plaintiffs have sued Deft. for Injunction for infringement of their Trade Mark and Copyright about their Glucons-D & 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 & 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

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top