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

Lakshmi, a registered user of a mark owned by Orion Foods Ltd (Chennai), carries on business in Jaipur. Subject to any agreement between them, she sues a Delhi infringer in the Jaipur District Court, adding Orion as defendant. Orion does not enter an appearance. Which statement is correct?

The Jaipur District Court may have jurisdiction because the registered user carries on business there, and the term person covers registered users. The proprietor added as defendant bears no costs unless it enters appearance and takes part in the proceedings.

  1. AThe suit fails because only the registered proprietor's location counts for jurisdiction
  2. BThe Jaipur court may have jurisdiction, and Orion is not liable for costs since it did not appear and take partCorrect
  3. COrion is liable for costs as a necessary defendant
  4. DThe suit must be filed in a court inferior to a District Court

Explanation

Under section 134(2) with its Explanation, the District Court where the person suing carries on business has jurisdiction, and 'person' includes a registered user. Section 52(2) says a proprietor added as defendant is not liable for costs unless it appears and takes part. Section 134(1) bars courts inferior to a District Court.

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