Executive Summary
ITC Ltd filed a composite suit against Irinjalakuda Town Co-Operative Bank, alleging infringement and passing off due to the bank's use of 'ITC' as an abbreviation in its name. The respondents sought revocation of leave under Clause 12 of the Letters Patent, primarily arguing that the court lacked jurisdiction because no part of the cause of action arose within Calcutta. However, the High Court found that a true reading of the plaint showed the suit was maintainable and granted leave to proceed with both claims jointly.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Calcutta High Court. Understanding the court's reasoning in ITC Ltd vs Irinjalakuda Town Co-Operative Bank Ltd & Ors. is valuable context for structuring arguments or assessing risk in similar proceedings.
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