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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Meera Foods, a registered proprietor, sues a competitor for infringement and passing off in Pune, where Meera Foods carries on business. The competitor is based in Jaipur. Which court can entertain the infringement suit under the Act?

The District Court at Pune can hear the suit. The Act lets an infringement suit be filed in the District Court where the plaintiff actually and voluntarily resides or carries on business, and no court inferior to a District Court may try it.

  1. AOnly the District Court in Jaipur where the defendant is located
  2. BA District Court within whose limits the plaintiff actually and voluntarily resides or carries on business, such as PuneCorrect
  3. CAny Munsif or civil judge court of junior grade in Pune
  4. DOnly the High Court of the state where the defendant resides

Explanation

Section 134(2) extends 'District Court having jurisdiction' for infringement suits to the court where the plaintiff actually and voluntarily resides, carries on business or personally works for gain. Section 134(1) also bars courts inferior to a District Court. So Pune's District Court qualifies and the Jaipur-only option is wrong.

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