Ruling clarifies jurisdiction in trademark law

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Holding that it had no jurisdiction in M/s RSPL Ltd v Mukesh Sharma & Anr, Delhi High Court said that a plaintiff cannot call upon a court to act in a suit “on the premise that the plaintiff is not obliged to lead evidence in his pleadings, and the plea of territorial jurisdiction … should be left to be decided only after the parties have led their evidence at the trial”.

Global_brandsRSPL filed a civil suit before Delhi High Court against Sharma, a lawyer and proprietor of a law firm located in Bulandshahr, Uttar Pradesh, under section 134 and 135 of the Trade Marks Act, 1999, and the Copyright Act, 1957. RSPL’s registered office was in Kanpur, Uttar Pradesh, and its corporate office in New Delhi.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at [email protected] or [email protected] Readers should not act on the basis of this information without seeking professional legal advice.