Trade mark suit jurisdiction under special venue rules upheld where plaintiff carried on business and infringement was pleaded locally.

Section 134 of the Trade Marks Act permits a trade mark infringement suit to be instituted where the plaintiff resides or carries on business. On the plaint averments, the plaintiff had an office at Bhopal and the alleged infringement was stated to have occurred at Rajpur in Madhya Pradesh, so the Bangalore court was held competent to determine the matter in accordance with law. The territorial jurisdiction objection was rejected, and the appeal was allowed.

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Issues: Whether the suit for trade mark infringement could be instituted at Bangalore under the special jurisdiction provision, and whether the Bangalore court had territorial jurisdiction notwithstanding the defendant's objection.

Analysis: Section 134 of the Trade Marks Act, 1999 permits institution of proceedings at the place where the plaintiff resides or carries on business. The plaintiff had an office at Bhopal, and the plaint averments showed that the alleged infringement occurred at Rajpur in Madhya Pradesh. On these facts, the Court held that the Bangalore court was competent to determine the matter in accordance with law.

Conclusion: The objection to territorial jurisdiction was rejected and the appeal was allowed.

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