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Issues:
1. Jurisdiction of the court to hear a trademark infringement case. 2. Determination of cause of action in a trademark infringement case. Jurisdiction of the Court: The appellant filed a case seeking leave to sue before the Madras High Court due to the substantial part of the cause of action arising within the court's jurisdiction. The appellant argued that the appropriate office of the Trade Mark Registry for their registered trademark is in Madras, and the respondent's use of the impugned trademark in an advertisement in the Eenadu newspaper, widely circulated in Madras, constitutes infringement. The court considered whether the publication in Eenadu from Hyderabad, but circulated in Madras, amounts to trademark infringement and if the cause of action arose within the jurisdiction of the Madras High Court due to the trademark being registered in Madras. Cause of Action in Trademark Infringement: The appellant, a registered proprietor of the trademark "Ramu" for hosiery, claimed that the respondent's advertisement in Eenadu as "Ramu Hosieries" infringed their trademark rights. The court noted that the advertisement was calculated to induce customers using the impugned trademark, leading to confusion and misleading consumers. Referring to legal precedents, the court held that an advertisement can constitute trademark infringement. Additionally, the court discussed the concept of cause of action, emphasizing that it includes all facts necessary to support the plaintiff's right to judgment. The court found that the cause of action, including the fact of registration and alleged infringement, arose in Madras, where the trademark was registered. Conclusion: The court rejected the respondent's argument that no cause of action existed due to steps taken to change their business name. The court emphasized that the jurisdiction of the court in a trademark infringement case is determined by the cause of action, which includes the location of registration, advertisement, and marketing of the trademark. The court held that the cause of action partly arose in Madras, allowing the appellant to maintain the suit in the Madras High Court. The court set aside the impugned order, allowing the appeal and closing the case with each party bearing their own costs. This detailed analysis of the judgment highlights the court's considerations regarding jurisdiction and cause of action in a trademark infringement case, providing a comprehensive overview of the legal reasoning and conclusions reached by the Madras High Court.
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