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MANMOHAN, SAURABH BANERJEE
Absogain Retail Solutions – Appellant
Versus
Puma Se – Respondent
JUDGMENT
Manmohan, J.
1. Present appeal has been filed challenging the Order dated 24th January, 2023 passed by the District Court, Tis Hazari, Delhi in CS (COMM) No. 2057/2019, whereby a decree for permanent injunction was passed restraining the appellant-defendant from manufacturing, trading, selling, marketing, offering for sale through online shopping portals or dealing in any other way, any goods including shoes and other accessories and/or any other goods under the respondent-plaintiff's `Form Strip logo' [IMG] as its logo/trademark or any other mark/logo which is deceptively similar to the respondent-plaintiff's `Form Strip logo' [IMG] which may amount to infringement of the respondent-plaintiff's registered trademarks as mentioned in the plaint. Further, appellant- defendant was directed to ensure delivery of all the infringing finished/unfinished materials bearing the respondent-plaintiff's trademark `Form Strip logo' [IMG] i.e. the goods seized by the Local Commissioner to the authorised representative of the respondent-plaintiff. The respondent-plaintiff was also awarded damages to the tune of Rupees three lakhs along with costs of the suit.
ARGUMENTS ON BEHALF OF THE APP
The court emphasized the importance of territorial jurisdiction, rejected lack of awareness as a defense for trademark infringement, and quantified damages based on the appellant-defendant's repeat i....
Civil Law - Return of plaint - Territorial jurisdiction - It is not possible to reach at a conclusion that no cause of action has arisen within the territorial jurisdiction of this court on a mere re....
Jurisdiction in trade mark cases arises where cause of action occurs, including digital accessibility, not solely based on physical business locations.
Territorial jurisdiction in trademark infringement cases requires proof of actual sales in the jurisdiction, not mere trap transactions, supported by relevant documentation.
Jurisdiction in internet-based disputes is established through interactivity and accessibility of the Defendant's website, creating potential consumer confusion.
Territorial jurisdiction in trademark infringement suits can be established based on alleged marketing actions in the jurisdiction, upheld by assuming the truth of the plaint's claims pending trial.
The main legal point established is that a suit for trademark infringement can be instituted before a court within the territorial jurisdiction of the plaintiff's business, as per Section 1341 of the....
Jurisdiction for trademark infringement suits requires courts to accept plaint allegations as true; future apprehension of infringement can establish justiciability.
Application under Order VII Rule 10 of CPC is to be decided on a demurrer by accepting all statements made in plaint to be true.
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