Clause XIV leave for joinder of passing off and trademark infringement upheld to avoid multiplicity of proceedings.

Clause XIV of the Letters Patent requires only that the High Court have original jurisdiction over one cause of action; it does not require that the cause of action itself arose within the Court's territorial jurisdiction. Section 134(2) of the Trade Marks Act, 1999 gives an additional forum for infringement suits where the registered proprietor resides or carries on business, and this statutory facility cannot be restricted by importing Section 20 of the Code of Civil Procedure, 1908. The existence of a registered mark in the defendant's name does not bar an infringement claim. Leave under Clause XIV remains discretionary, primarily to avoid multiplicity of proceedings, subject to undue hardship or abuse of process; leave was granted and the claims were joined.

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Issues: Whether leave under Clause XIV of the Letters Patent, Bombay should be granted to combine the cause of action for passing off with the cause of action for infringement of trade mark.

Analysis: Clause XIV requires only that the High Court have original jurisdiction in respect of one of the causes of action; it does not require that the cause of action must have arisen within the Court's jurisdiction. Section 134(2) of the Trade Marks Act, 1999 provides an additional forum for an infringement action where the registered proprietor resides or carries on business, and this statutory facility cannot be curtailed by importing the scheme of Section 20 of the Code of Civil Procedure, 1908. The presence of a registered mark in the defendant's name does not bar an infringement action, and leave under Clause XIV remains a discretionary remedy guided primarily by the need to avoid multiplicity of proceedings, subject to consideration of undue hardship or abuse of process.

Conclusion: Leave under Clause XIV was rightly granted and the plaintiffs were permitted to join the passing off claim with the infringement claim.

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