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C. HARI SHANKAR
Yashoda Thakore – Appellant
Versus
Kuchipudi Dance Centre – Respondent
JUDGMENT (Oral)
1. Swapnasundari, a dancer of renown and repute, instituted CS (Comm) 671/2021, before the learned District Judge (Commercial Court) ("the learned Commercial Court", hereinafter) against Yashoda Thakore, one of her students, who had performed a dance item in St. Petersburg, Russia, during the months of January 2012 and 2013. It was Swapnasundari's contention that the said dance item was her creation, over which she held copyright and that, therefore, in performing the dance item, for commercial purpose, without her leave and license, Ms. Thakore had infringed the copyright held by her.
2. The Kuchipudi Dance Centre, founded and run by Swapnasundari from her residence in New Moti Bagh, New Delhi-110023, and Swapnasundari herself, were Plaintiffs 1 and 2 in the suit, with Yashoda Thakore and YouTube LLC being impleaded as Defendants 1 and 2. The address provided for the Kuchipudi Dance Centre and for Swapnasundari was the same, i.e. Bungalow No. 33, New Moti Bagh, New Delhi-110023. Yashoda Thakore, admittedly, resides in Hyderabad.
3. Yashoda Thakore and Swapnasundari shall be referred to, hereinafter, by their respective status before this Court, as the petitioner
The central legal point established in the judgment is the interpretation of jurisdictional provisions under Section 20 C.P.C, Clause 12 of the Letters Patent, Section 134(2) of the Trade Marks Act, ....
The central legal point established is that for territorial jurisdiction under Section 134(2) of the Trade Marks Act, the plaintiff's principal place of business and the cause of action are determina....
The jurisdiction of the Commercial Court can be established through online businesses actively targeting customers within that jurisdiction, regardless of where the business is physically located.
The main legal point established is that the invocation of territorial jurisdiction under specific provisions of the Trade Marks Act, 1999 and the CPC must be analyzed based on the facts and document....
Jurisdiction in trade mark cases arises where cause of action occurs, including digital accessibility, not solely based on physical business locations.
The interpretation of the expression 'carries on business' in the context of the plaintiff under the Trade Marks Act, 1999 and the Copyright Act, 1957, and the restrictions on the plaintiff's right t....
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