SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(Mad) 579

R.BALASUBRAMANIAN
Officine Lovato S. P. A. Stradd Comunale Castle, Chennai – Appellant
Versus
Ajay Kumar Aggarwal, Trading as S. A. Engineers, Old Ghas Mandi, Ambala City, Haryana – Respondent


Advocates Appeared:
For the Applicant:Mr. Satish Parasaran, Advocate.
For the Respondent:Mr. A.A. Mohan, Advocate.

Judgment :-

1. In the former application, this court granted leave on 23.06.2004 under Clause 12 of the Letters Patent to the plaintiff to file the suit before this court. In the latter application, the defendants are before this court to have the relief already granted revoked. Heard the learned counsel on either side.

2. The plaintiff is before this on its original side complaining infringement of the plaintiffs registered trade mark and for consequential reliefs. To bring the suit before this court, the plaintiff relies upon the following causes of action:

“The plaintiff has its liaison office in India at Chennai and as they are carrying on business at Chennai within the jurisdiction of this court, under section 134(2) of the Trade Marks Act, 1999 and under section 62(2) of the Copy Right Act, 1957, a suit can be instituted where the plaintiff actually or voluntarily resides or carries on business; the plaintiff is located at and carries on business at Chennai within the jurisdiction of this court and therefore entitled to file the suit before this court; the plaintiffs trade mark is registered at the Trade Marks Registry at Chennai with Chennai as the appropriate office of jurisdi





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top