DELHI HIGH COURT
JAYANT NATH
Dr. Reddys Laboratories Limited – Appellant
Versus
Dr. Reddy Pathlabs Private Limited – Respondent
| Table of Content |
|---|
| 1. plaintiff's trademark registration and alleged infringement. (Para 2 , 3) |
| 2. defendant's claim of lack of jurisdiction due to absence of business in delhi. (Para 4 , 6) |
| 3. criteria for establishing territorial jurisdiction based on cause of action. (Para 11 , 14) |
| 4. existence of cause of action and jurisdiction due to services in delhi. (Para 12 , 18) |
| 5. dismissal of the defendant's application. (Para 20) |
JUDGMENT
Jayant Nath, J.
I.A. 102/2021
1. This is an application under Order 7 Rule 10 read with Order 7 Rule 11(a) and (d) CPC filed by the defendant seeking rejection of the plaint/return of the plaint to be presented before a court of competent jurisdiction.
2. The plaintiff has filed the accompanying suit seeking an order of permanent injunction to restrain the defendant, its directors, etc. from offering/providing healthcare services including pathology/diagnostic services, etc. under the name/mark DR. REDDYS as part of its domain name/website/trade name, etc. which amounts to infringement of the plaintiff's trade name/mark DR.REDDY'S which is a registered mark in class 5 and 44. Other connected reliefs are also sought.
3. It is the case of the plaintiff th
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