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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Anand Textiles, registered proprietor of 'ANAND SILK' with its business in Surat, sues in a District Court in Surat for infringement by a Jaipur trader who sells deceptively similar goods online. The trader objects that the court has no jurisdiction because he does not operate in Surat. What is the correct position under the Trade Marks Act, 1999?

The objection fails. For infringement suits, the Act lets the plaintiff sue in the District Court where the plaintiff actually and voluntarily resides, carries on business or personally works for gain, notwithstanding the Code of Civil Procedure, so Anand Textiles may sue in Surat.

  1. AThe objection succeeds, because suits lie only where the defendant carries on business
  2. BThe objection succeeds, because only a High Court can try infringement suits
  3. CThe objection fails, because the District Court within whose limits the plaintiff actually and voluntarily resides or carries on business has jurisdiction for an infringement suitCorrect
  4. DThe objection fails, but only if the plaintiff has a registered user in Surat

Explanation

Section 134(2) extends the District Court having jurisdiction for infringement suits to the court where the person instituting the suit actually and voluntarily resides or carries on business or personally works for gain. Section 134(1) requires a court no lower than a District Court, so a High Court is not the only forum. Option A states the ordinary rule that the Act overrides.

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