IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
Reckitt Benckiser (India) Private Limited – Appellant
Versus
Sauss Home Products Private Limited – Respondent
| Table of Content |
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| 1. jurisdiction assessments based on territorial claims. (Para 1) |
JUDGMENT :
AMIT BANSAL, J.
1. By way of the present judgment, I shall decide I.A. 14723/2023 filed on behalf of the plaintiff under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interim injunction and I.A. 20814/2023 filed on behalf of the defendant under Order VII, Rules 10 and 11, CPC seeking return/rejection of plaint.
I.A. 20814/2023 (u/O VII Rules 10 and 11, CPC
2. The present application has been filed on behalf of the defendant seeking return/rejection of plaint.
3. The principal ground taken by the defendant is that this Court lacks territorial jurisdiction to adjudicate the present suit on the ground that the plaintiff’s registered office is situated in Haryana.
4. It is submitted that as per Section 134 of the Trade Marks Act, 1999 and/or Section 62 of the Copyright Act, 1957 , the plaintiff cannot claim jurisdiction of this Court since it does not carry on business or personally works for gain in Delhi.
5. It is further stated that not only does the defendant not have any office in Delhi, but no alleged infringing goods are available in the territorial jurisdiction o

Trademark and copyright infringement claims assessed based on prior use and territorial jurisdiction affirmed.
The judgment underscores that trademark registration alone does not guarantee protection without actual use, and that delay in action does not preclude injunction if infringement is proven.
A claimant may fail to make out a case of infringement of a trade mark for various reasons and may yet show that by imitating the mark claimed as a trademark, or otherwise, the Defendant has done wha....
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The failure to renew a trademark registration leads to abandonment, allowing subsequent users to claim rights.
The central legal point established in the judgment is the significance of prior use and the principles of honest adoption, delay, and acquiescence in trademark disputes.
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