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november 2013

Supreme Court of India · 2013-11-29

M/S Paragon Rubber Industries vs M/S Pragati Rubber Mills & Ors

Citation / case number
AIRONLINE 2013 SC 418
Court
Supreme Court of India
Petitioner
M/S Paragon Rubber Industries
Respondent
M/S Pragati Rubber Mills & Ors
Bench
A.K.Sikri, Surinder Singh

Judgment text excerpt

The Supreme Court addressed the issue of territorial jurisdiction in a copyright and trademark dispute under the Copyright Act, 1957 and the Trade and Merchandise Marks Act, 1958. The Court upheld the High Court's decision that a composite suit was not maintainable and allowed the plaintiff to amend the plaint for maintainability. The Court clarified that the trial court had jurisdiction under Section 62(2) of the 1957 Act, thus setting aside the High Court's order that directed the trial court to reconsider the jurisdiction issue.

M/S Paragon Rubber Industries vs M/S Pragati Rubber Mills & Ors · Niyam