Jurisdiction in trademark infringement suits allows filing where the plaintiff resides, irrespective of cause of action location.

ORDER :

1. The present writ petition under Article 227 of the Constitution of India has been filed against the order dated 23.07.2021 passed by the Court of learned District Judge, Bikaner in Civil Original Suit No.16/2021, whereby the application for return/rejection of the plaint under Order VII Rule X, Order VII Rule XI read with Section 151 CIVIL PROCEDURE CODE (hereinafter referred to as ‘CPC’) filed by the present petitioner – defendant/counter claimant has been rejected in respect of trademark ‘NATURAL GOLD’.

2. Learned counsel for the petitioner – defendant submitted that the respondent – plaintiff filed a suit for permanent injunction along with an application for temporary injunction alleging infringement of trademark and copyright in respect of edible oil registered in the name of ‘NATURAL’ under the Trademarks Act, 1999.

3. Learned counsel for the petitioner submitted that in the plaint filed by the respondent – plaintiff it was averred that the petitioner - firm’s trademark ‘NATURAL’ has been registered under the Trademarks Act, 1999 and therefore, the petitioner firm has complete authority to use the aforesaid name. The petitioner firm, on 30.07.2020 from its distributors and few consumers came to know that edible oil in the name of ‘NATURAL GOLD’ is also available in the market. The tins (container) of the edible oil bears the name and address of the petitioner-defendant. The respondent – plaintiff thus by way of filing a suit before the learned District Court prayed that the petitioner – defendant may be prevented from using and selling its product under the name of ‘NATURAL GOLD’ as the same is infringing the plaintiff’s rights to use its registered trademark ‘NATURAL’.

4. Learned counsel further submitted that the petitioner – defendant filed an application dated 18.02.2021 before the learned District Court under Order VII Rule X, Order VII Rule XI read with Section 151 CPC challenging the jurisdiction of the Court to entertain the suit preferred by the respondent – plaintiff regarding infringement of trademark. In the application filed by the petitioner – defendant, it was stated that the plaint filed by the respondent – plaintiff does not disclose that a cause of action has accrued in its favor within the territorial jurisdiction of the Court hearing the matter i.e the Court of learned District Judge, Bikaner. It was further stated that neither the petitioner – defendant resides nor carries on any business of selling oil with trademark ‘NATURAL’ by himself or through any wholesaler, retailer or on commercial basis within the territorial jurisdiction of the Court of learned District Court, Bikaner. It was thus, prayed that the plaint filed by the respondent – plaintiff may be returned or in alternative the same may be rejected for want of jurisdiction.

5. The Court of learned District Court, Bikaner after hearing the parties on the application under Order VII Rule X read with Section 151 CPC filed by the petitioner – defendant has rejected the same on the ground that the respondent – plaintiff in the plaint has disclosed its registered address to M/s Udyog Mandir F-148-149 Bichwal Industrial Area, Bikaner through partner Shri Vijay Kumar Nolakha which indicates that the petitioner firm and its partners reside and carry on business within the jurisdiction of the concerned Court of learned District Court, Bikaner.

6. Further, the plaint filed on behalf of the respondent – plaintiff does not indicate that it is residing or conducting any business activities through its branches, firm, or distributors in Jodhpur. The plaint also does not disclose that the respondent – plaintiff came