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