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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Intra Life Pvt. Ltd – Appellant
Versus
Harish Kumar (Proprietor) M/s Trumac Healthcare – Respondent
JUDGMENT :
HARKESH MANUJA, J.
1. By way of present petition, challenge has been laid to an order dated 28.04.2023 passed by the learned Additional District Judge, Panchkula, whereby an application filed at the instance of petitioners- defendants invoking Order VII Rule 11 CPC with a prayer for rejection of plaint i.e. Civil Suit No.09 of 2022, titled as “Harish Kumar (Proprietor) of M/s Trumac Healthcare vs. Intra Life Private Limited and others”, stands rejected.
2. Briefly stating, the respondent-plaintiff filed a suit for permanent injunction restraining the petitioners-defendants from infringement of trademark namely “Nefrotime”. Relevant paras No.4, 9 and 35 of the plaint are reproduced hereunder:-
“ XXX XXX XXX XXX XXX XXX
4. That the plaintiff has honestly and bonafidely adopted the Trademark “NEFROTIME’ which is the Plaintiff’s flagship preparation interalia other pharmaceutical products and has been used uninterruptedly since 20th day of FEBRUARY 2021. The plaintiff is the genuine proprietor of the trademark “NEFROTIME” and had applied for said trademark having an Application No.5640979 in Class 5 in respect of pharmaceutical preparations. That the Plaintiff has been using it s
Prior use of a trademark can establish a cause of action for passing off, allowing the suit to be maintainable despite pending registration, and jurisdiction issues must be evaluated considering wher....
Jurisdiction in trademark infringement suits allows filing where the plaintiff resides, irrespective of cause of action location.
The Court emphasized that the question of jurisdiction was a mixed question of law and fact, and the damages were tentatively assessed, with the Court fee to be determined at the time of the final de....
Civil Law - Return of plaint - Territorial jurisdiction - It is not possible to reach at a conclusion that no cause of action has arisen within the territorial jurisdiction of this court on a mere re....
An interim injunction requires a prima facie case, balance of convenience, and risk of irreparable injury, which were not established by the plaintiff.
Territorial jurisdiction in trademark infringement suits can be established based on alleged marketing actions in the jurisdiction, upheld by assuming the truth of the plaint's claims pending trial.
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....
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