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    <title>2011 (3) TMI 1777 - KERALA HIGH COURT</title>
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    <description>Section 62(2) of the Copyright Act provides an additional forum for copyright claims, but it does not extend territorial jurisdiction to a separate trade mark claim, which must satisfy Section 20 CPC. A composite suit cannot be maintained where the court lacks jurisdiction over one cause of action, and the later Trade Marks Act, 1999 provisions could not govern a suit instituted in 2001. The objection to territorial jurisdiction was also not waived, because it was raised in the written statement and earlier interlocutory participation did not amount to waiver. The suit was therefore not maintainable in its existing form, and amendment of the plaint was required to proceed.</description>
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    <pubDate>Tue, 15 Mar 2011 00:00:00 +0530</pubDate>
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      <title>2011 (3) TMI 1777 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=279551</link>
      <description>Section 62(2) of the Copyright Act provides an additional forum for copyright claims, but it does not extend territorial jurisdiction to a separate trade mark claim, which must satisfy Section 20 CPC. A composite suit cannot be maintained where the court lacks jurisdiction over one cause of action, and the later Trade Marks Act, 1999 provisions could not govern a suit instituted in 2001. The objection to territorial jurisdiction was also not waived, because it was raised in the written statement and earlier interlocutory participation did not amount to waiver. The suit was therefore not maintainable in its existing form, and amendment of the plaint was required to proceed.</description>
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      <pubDate>Tue, 15 Mar 2011 00:00:00 +0530</pubDate>
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