JUDGMENT :

C. HARI SHANKAR, J.

1. By this judgment, I proceed to decide IA 7844/2021, preferred by the plaintiff against the defendant under Order XXXIX Rules 1 and 2 of the CIVIL PROCEDURE CODE , 1908 (CPC), seeking interlocutory injunctive reliefs and IA 9228/2021, by the defendant against the plaintiff under Order VII Rule 10 of the CPC, seeking the return of the plaint for want of territorial jurisdiction. Needless to say, if IA 9228/2021 is allowed, IA 7844/2021 would not survive for consideration, as this Court would, then, be coram non judice and the plaint would have to be returned to the plaintiff to be presented before the appropriate Court.

The plaint

2. The plaintiff Cable News Network Inc. is a company incorporated in Delaware, US, with its headquarters in Atlanta, Georgia. It is a subsidiary of Turner Broadcasting System, Inc., established in 1980 for running a news channel in English under the brand CNN, with the logo. The device mark stands registered, in favour of the plaintiff, under Classes:

(i) 9, for “video tapes, video cassettes, motion pictures, video discs; tapes and cassettes for reproducing sound and visual images; television and cable transmitting and receivi