JUDGMENT.-This is a suit for a permanent injunction and other reliefs is respect of a registered trade mark. The plaintiff is the proprietor of the registered trade mark “Gopal Tooth Powder”. The allegation is that the defendant who is carrying on business in Nakrekal Post, Nalgonda District, Andhra Pradesh is infringing the said trade mark. It is stated that the defendant is marketing tooth powder under the mark “Gobi Tooth Powder” with a label which is either similar to the plaintiff’s mark or a colourable imitation thereof. The defendant has raised several pleas and on the whole seven issues were settled for trial. But the first issue which is regarding the territorial jurisdiction of this Court was taken up as a preliminary issue.

2. Admittedly the defendant is carrying on business in tooth powder only in Anadhra Pradesh and it is not the case of the plaintiff that the defendant’s goods entered the market here. It is not in dispute that the defendant is using the mark “Gobi Tooth Powder” and the offending label to market his goods in Andhra Pradesh. The contention on behalf of the defendant is that no part of the cause of action has arisen within the jurisdiction of this Court i

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