Law:

Section:

(a) Specific Relief Act (I of 1877)---Ss. 42 & 55---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2 & S.10---Trade Marks Act (V of 1940), Ss.73 & 16---Registration of Trade Mark---Suit for declaration, injunction and damages---Maintainability---Defendants, in the present case, had claimed that they were operating only from their main office in "I" and had no office in "K", however they had not denied that the marketing and sale of their goods was being conducted by them through Internet and various television channels which reach the consumers in "K" and had also not contended that they did not supply/dispatch their goods to the consumers in "K"---Defendants had also not denied the fact that the various television channels through which they advertised their products and sought orders from the consumers, were watched in "K" or that they did not supply their goods to the consumers in "K", whereas the plaintiffs in their plaint had specifically stated that the cause of action had accrued to the plaintiff in the present suit at "K", due to substantial illegal marketing and sale made by the defendants at "K" including but not limited to widespread television/internet advertising directed at consumers in "K" which assertion had not been rebutted by the defendants and as such the defendants' objection to the maintainability of the plaintiffs suit at "K" on the ground of lack of jurisdiction, was untenable and frivolous---When the present suit was filed, suit filed by the defendants before the Additional District Judge at "I" stood dismissed and the bar envisaged by S.10, C.P.C. did not apply to the present suit of the plaintiff-Plaintiffs suit, at "K" therefore, was maintainable and was also not liable to be stayed. (b) Trade Marks Act (V of 1940)--- --Ss. 16, 22 & 73---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), Ss.42 & 55---Suit for declaration---Infringement of trade mark---Application for grant of injunction against defendants---Not only the defendants were using the plaintiffs trade mark but it was crucial to note that its products were identical to those developed/produced and marketed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492