2010 (2) TMI 1310 - HC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the Court
2. Infringement of Trademark and Copyright
3. Interim Injunction and Rejection of Plaint

Summary:

1. Jurisdiction of the Court:
The Plaintiff filed a suit for permanent injunction against the Defendant alleging infringement of the trademark "ISPAHANI TEA" and sought leave on the ground that the trademark was registered at the Trade Mark Registry in Chennai. The Defendant contested this, arguing that no part of the cause of action arose within the jurisdiction of the Madras High Court. The Court noted that both parties were residents of Hyderabad and conducted their business there. The Plaintiff failed to show any trading activity within the jurisdiction of the Madras High Court. The Court held that the location of the Trade Mark Registry in Chennai does not constitute a cause of action. Consequently, the leave granted to the Plaintiff was revoked.

2. Infringement of Trademark and Copyright:
The Plaintiff alleged that the Defendant, a former employee, started a company using a deceptively similar trademark "FAMILY TEA" with a similar color scheme, get-up, and layout, infringing on the Plaintiff's registered trademark and copyright. The Plaintiff claimed exclusive rights to the distinctive color scheme and get-up of their trademark. The Defendant had previously been convicted in a criminal case for trademark infringement, but was later acquitted on appeal. The Plaintiff argued that the Defendant's continued use of the similar trademark constituted infringement and sought relief through the suit.

3. Interim Injunction and Rejection of Plaint:
Pending the suit, the Plaintiff sought an interim injunction to restrain the Defendant from using the similar trademark. The Defendant filed applications for rejection of the plaint and revocation of the leave granted to the Plaintiff. The learned Single Judge revoked the leave and dismissed the application for interim injunction. The Plaintiff appealed against this order. The Court, after considering the arguments and relevant case law, upheld the decision of the learned Single Judge, confirming the revocation of leave and dismissal of the interim injunction application. The appeals were dismissed, and the parties were directed to bear their own costs.

Conclusion:
The Madras High Court dismissed the appeals, confirming the revocation of leave and the dismissal of the interim injunction application, as the Plaintiff failed to establish that any part of the cause of action arose within the jurisdiction of the Court. The Plaintiff's claims of trademark and copyright infringement were not sufficient to grant jurisdiction to the Madras High Court.