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Showing contexts for: equal marks in M/S Tommy Hilfiger Europe B.V vs Sh. Lalit Kumar Jaggia on 8 May, 2023Matching Fragments
16. The court further observed in Burger King's case (supra) that in a suit involving right in a trade-mark, cause of action arises in each and every place where there is any form of use of said mark. The court held that the principles which apply to infringement action to determine use of trade-mark would equally apply to passing off actions. The court observed that Section 20 of CPC provides that suit could be filed in any place where the cause of action arises and therefore, the place where the trade-mark has been used in any form has jurisdiction and the suit can be filed in the court having territorial jurisdiction over the said place. In view of this clear and categorical observation, the submissions that the court lacks territorial jurisdiction needs to be rejected. Plaintiff has submitted that defendants have been storing the counterfeit products at various locations in Delhi and the counterfeit goods are being sold to various customers in New Delhi. In view of this, the court in New Delhi had the territorial jurisdiction to try and entertain the present suit. Accordingly, Issue No.1 is decided in favour of plaintiff and against the defendant.