How to decide where to file a suit for infringement or passing
should be filed in India?
One of the most important practical benefit given under Section 134 of the Trade Marks Act, 1999 is that a suit for infringement can also be instituted before a District Court / High Court (enjoying Ordinary Original Civil jurisdiction such as High Court of Delhi, Bombay, Calcutta or Madras), within the local limits of whose jurisdiction, at the time of the institution of the suit, the person instituting the suit, actually and voluntarily resides or carries on business or personally work for gain. The person includes the registered proprietor and the registered user.
On the other hand the suit for passing off can only be instituted before a District Court, within the local limits of whose jurisdiction;
- The Defendant is residing, working for gain or carrying on its business; or
- Cause of action has arisen