The territorial jurisdiction for trademark infringement suits is based on where the plaintiff conducts business, and genuine apprehension of infringement constitutes valid cause of action.

JUDGMENT

Amit Mahajan, J.

1. The appellant (hereinafter `MAAN') has filed the present appeal, aggrieved by an order dated 07.12.2021 (hereinafter `the impugned order') passed by the learned District Judge (Commercial Court-02), Saket Courts - South District, New Delhi (hereinafter `the learned Trial Court'), whereby the application filed by the appellant (defendant) under Order VII Rules 10 and 11 of Code of Civil Procedure, 1908 (hereinafter `the CPC'), was dismissed.

2. The respondent, M/s Mindwave Healthcare Pvt. Ltd. (hereinafter `MINDWAVE'), filed a suit against MAAN, inter alia, seeking permanent injunction restraining MAAN from using the trademark "BUPROEX-N". MINDWAVE claims to be the registered owner of the said trademark and it alleged unauthorized use of the said trademark by MAAN.

3. MINDWAVE, for the purpose of territorial jurisdiction of the learned Trial Court at Saket, pleaded as under:

"19. That this Hon'ble Court has jurisdiction to entertain the present suit arising out of the suit for infringement as Plaintiff is registered owner of the Trademark and Plaintiff is carrying on the business from the place within the territorial jurisdiction of this Hon'ble Court having principle office for sale, distribution &control within the territorial jurisdiction of this Hon'ble Court. Defendant is all set to launch the product under impugned trademark BUPROEX within the territorial jurisdiction of this court and in fact, is negotiating various traders within the jurisdiction of this Hon'ble Court as a direct challenge to Plaintiff. The threat perceived by Plaintiff is also extended to the place within the territorial jurisdiction of this court. In the case of registered trademark section 134 of the Trademark Act. 1999, specifically confers the jurisdiction at the place where Plaintiff resides and carries on their business. Hence the Hon'ble Court has the jurisdiction to entertain and try the instant suit as the present suit is for infringement of the registered trademark of Plaintiff."

(emphasis supplied)

4. However, MAAN took a preliminary objection and filed an application under Order VII, Rules 10 and 11 read with Section 151 of the CPC seeking return of the plaint due to lack of territorial jurisdiction and the alleged non-compliance by MINDWAVE, in terms of the directions/guidelines prescribed by this Court in the case of Amrish Aggarwal v. M/s Venus Home Appliances Pvt. Ltd., 2019 SCC OnLine Del 9966. MAAN pleaded that MINDWAVE only has a sales office within the territorial jurisdiction of the learned Trial Court at Saket and the registered office of MINDWAVE is located in Mangol Puri Industrial area, which is outside the territorial jurisdiction of the learned Trial Court at Saket.

5. MAAN contended that even though the registered office of MINDWAVE has now been shifted to Neb Sarai, which is within the territorial jurisdiction of the learned Trial Court at Saket, h