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

VALMIKI J.MEHTA
Bigtree Entertainment Pvt. Ltd. – Appellant
Versus
Saturday Sunday Media Internet – Respondent


Advocates:
Counsel for the Parties:
For the Plaintiff:Ms. Swathi Sukumar, Advocate with Ms. Anu Paascha, Advocate and Mr. Sanyukta Banerjie, Advocate

JUDGMENT (ORAL)

Valmiki J. Mehta, J.—(i) These suits are filed by the plaintiff against the defendants seeking permanent injunction restraining the infringement of trade mark, passing off and damages etc.

(ii) In both the suits i.e CS(COMM) Nos.53/2015 and 54/2015, the plaintiff is a company registered under the Companies Act, 1956 and it has no office in Delhi be it a principal office or a head office or a registered office or even a branch office. Plaintiff’s address as per the memo of parties is at Mumbai.

(iii) Defendants in CS(COMM) No.53/2015 as per the address given in the memo of parties in the plaint are situated outside Delhi i.e at Gurgaon and the defendants in CS(COMM) No.54/2015 are situated, as per the address contained in the memo of parties, at Bengaluru in Karnataka.

2. In both the suits, territorial jurisdiction of this Court is claimed on the basis of plaintiff’s carrying on business in Delhi because plaintiff is selling its services in Delhi through the internet. The trade mark and the service mark of the plaintiff is ‘BOOKMYSHOW.COM’. The relevant para of the plaint with respect to the existence of territorial jurisdiction of this Court is para 34 of the plaint and



























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