Short Summary
The plaintiff filed a suit alleging passing-off and infringement, claiming that the appellant's use of the mark 'ITC' in its banking business was unfair. The court ruled that since the plaintiff had its registered office within the territorial jurisdiction of the Calcutta High Court, the court possessed the necessary authority to hear the action under Section 134(2) of the Trade Marks Act, 1999.
Detailed Summary
The plaintiff filed a suit alleging passing-off and infringement, claiming that the appellant's use of the mark 'ITC' in its banking business was unfair. The court ruled that since the plaintiff had its registered office within the territorial jurisdiction of the Calcutta High Court, the court possessed the necessary authority to hear the action under Section 134(2) of the Trade Marks Act, 1999.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in trademark matters before Calcutta High Court. Understanding the court's reasoning in Irinjalakuda Town Co-Operative Bank Ltd vs ITC Ltd & Ors. is valuable context for structuring arguments or assessing risk in similar proceedings.
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