Jurisdiction over Kalpataru’s trademark dispute

Kalpataru Housing Private Ltd.’s trademark dispute was judged by the Bombay High Court on the basis that it has jurisdiction to deal with a trademark dispute as the name was registered in Mumbai, though the company has multiple offices in the country. According to the judgment by the Bombay High Court, a person aggrieved by infringement of trademark or copyright may file a suit either at the place where it carries on business or at the place where the opposite party has office. Both the Trademarks Act and the Copyright Act, gives a choice to the aggrieved person to file a suit at the preferred location. The place where the cause of action arose, like the infringement of the trade mark, is not quite relevant, the judgment said.

 


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