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    <title>2012 (5) TMI 780 - DELHI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=197784</link>
    <description>Territorial jurisdiction for a suit alleging infringement and passing off depends on whether part of the cause of action arose in Delhi or whether the statutory jurisdictional conditions under the Trade Marks Act, the Copyright Act, or Section 20 CPC were met. The court held that Sections 134 and 62 provide an forum but do not dispense with the need to establish jurisdictional facts. On the pleaded material, there was no showing of business activity in Delhi, sale of the impugned goods there, or any jurisdictional effect from filing a trade mark application in Delhi. The issue was treated as a pure question of law on admitted pleadings and could be decided as a preliminary issue under Order XIV Rule 2 CPC; the suit lacked territorial jurisdiction and was liable to dismissal.</description>
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    <pubDate>Thu, 24 May 2012 00:00:00 +0530</pubDate>
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      <title>2012 (5) TMI 780 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197784</link>
      <description>Territorial jurisdiction for a suit alleging infringement and passing off depends on whether part of the cause of action arose in Delhi or whether the statutory jurisdictional conditions under the Trade Marks Act, the Copyright Act, or Section 20 CPC were met. The court held that Sections 134 and 62 provide an forum but do not dispense with the need to establish jurisdictional facts. On the pleaded material, there was no showing of business activity in Delhi, sale of the impugned goods there, or any jurisdictional effect from filing a trade mark application in Delhi. The issue was treated as a pure question of law on admitted pleadings and could be decided as a preliminary issue under Order XIV Rule 2 CPC; the suit lacked territorial jurisdiction and was liable to dismissal.</description>
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      <pubDate>Thu, 24 May 2012 00:00:00 +0530</pubDate>
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