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Ms Tag Heuer S.A vs Ajit Singh on 21 November, 2023 cites

Burger King Corporation vs Techchand Shewakramani & Ors on 27 August, 2018

17. 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 defendant has 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 has the territorial jurisdiction to try and entertain the present suit. Accordingly, points of determination No.1 to 4 are decided in favour of plaintiff and against the defendant. Point No.5: Whether the defendant committed infringement and passing off of the Trademark TAG HEUER and its logo adopting and using an identical and deceptively similar Trademark/Logo? TM 225/2021 M/s Tag Heuer S.A. Vs Ajit Singh Page 12 of 17 Point No.6: Whether the plaintiff is entitled to a decree of permanent injunction?
Delhi High Court Cites 23 - Cited by 20 - P M Singh - Full Document
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