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R. MAHADEVAN, MOHAMMED SHAFFIQ
Reckitt Benckiser (India) Private Limited – Appellant
Versus
Advertising Standards Council of India – Respondent
JUDGMENT :
MOHAMMED SHAFFIQ, J.
Prayer: Original Side Appeals filed under Order XXXVI Rule 1 of Original Side Rules read with Clause 15 of Letters Patent praying to set side the order of this Court dated 16.11.2023 made in O.A.Nos.563 and 564 of 2023 in C.S.No.110 of 2023.
These Original Side Appeals have been filed challenging the order of the learned Judge insofar as it rejects the applications filed by the appellant herein praying for interim injunction restraining the 1st respondent/defendant from creating impediments in the broadcasting of the advertisement of the appellant/plaintiff which is the subject matter of the suit and from entertaining or adjudicating upon the complaints against the advertisement of the appellant/plaintiff on the premise that the suit has been filed without any cause of action and jurisdiction.
2. BRIEF FACTS:
a) About the parties to the proceeding :
2.1. Reckitt Benckiser (India) Private Limited viz., the appellant herein, is an internationally renowned corporation and through its subsidiaries and affiliate companies operate in several countries around the world. The business comprises of manufacture and sales of various consumer and health care products i
The court affirmed that the ASCI's order, while recommendatory, gives rise to a cause of action, and part of it arises within Tamil Nadu, thus making the suit maintainable.
The jurisdiction of the Commercial Court can be established through online businesses actively targeting customers within that jurisdiction, regardless of where the business is physically located.
Jurisdiction in internet-based disputes is established through interactivity and accessibility of the Defendant's website, creating potential consumer confusion.
Jurisdiction for trademark infringement suits requires courts to accept plaint allegations as true; future apprehension of infringement can establish justiciability.
Jurisdiction in trade mark cases arises where cause of action occurs, including digital accessibility, not solely based on physical business locations.
The court emphasized the importance of urgency in seeking interim relief, the authority of the plaintiff's representative to institute the suit, and the jurisdiction based on the provisions of the Tr....
Defamation suits can be filed in the jurisdiction where the reputational harm is felt, under Section 19 of the Code of Civil Procedure, without needing leave under Clause 12 of the Letters Patent.
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