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Dilesh Raj Borana vs. Udhog Mandir

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Trademark Act, 1999–Sec. 134–Code of Civil Procedure, 1908–Order 7, Rule 11 & Order 7, Rule 10–Prayer to reject the plaint on the ground of lack of jurisdiction–Dismissed–Suit for permanent injunction alleging infringement of trademark–Plaintiff has a registered office at Bikaner–Sec. 134 of the Trademarks Act provides a special rule of jurisdiction for instituting suits relating to trademark infringement–A suit for infringement of the trademark can be instituted in territorial jurisdiction of a District Court where the plaintiff’s principal place of business is located, he resides, or carries on business–Held, Court below rightly rejected the application under Order 7, Rule 11 r/w. Sec. 151 and under Order 7, Rule 10.