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DELHI HIGH COURT
JAYANT NATH
Machinenfabrik Rieter AG – Appellant
Versus
Tex Tech Industries (India) Private Limited – Respondent
| Table of Content |
|---|
| 1. filing for trademark and patent infringement. (Para 1 , 2) |
| 2. court's analysis of jurisdiction based on plaintiff's claims. (Para 3 , 10 , 12) |
| 3. arguments on territorial jurisdiction based on transaction. (Para 5 , 6) |
| 4. legal standards regarding jurisdiction and trap transactions. (Para 8 , 14 , 17) |
| 5. conclusion dismissing the application. (Para 20) |
JUDGMENT
Jayant Nath, J.
I.A. 9741/2020
1. This suit is filed by the plaintiff seeking a decree of permanent injunction restraining the defendants from using the registered trade mark RIETER or any similar mark amounting to infringement. Similar relief of injunction is also sought regarding infringement of the plaintiff's registered Patent No. IN 324406. Other reliefs are also sought.
2. This is an application filed by defendant No.1 under Order 7 Rule 10 CPC praying to return the plaint to be filed in the court of appropriate territorial jurisdiction. It is pleaded in the application that the present suit has been filed by the plaintiffs for alleged infringement of trademark, patent infringement, passing off, rendition of accounts etc. Defendant No. 1, it is stated, is a private limited company having its registered
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