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november 2013

Supreme Court of India · 2013-11-27

LAKHA RAM SHARMA vs BALAR MARKETING P.LTD..

Citation / case number
SC 2012/30918
Court
Supreme Court of India
Petitioner
LAKHA RAM SHARMA
Respondent
BALAR MARKETING P.LTD..
Author
A.K. SIKRI
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court addressed the issue of territorial jurisdiction in trademark disputes under the Trade and Merchandise Marks Act, specifically Sections 46 and 56. The Court held that the Delhi High Court lacked jurisdiction to entertain the rectification petition, which must be filed before the appropriate court, and subsequently affirmed that such matters fall under the exclusive jurisdiction of the Intellectual Property Appellate Board (IPAB). The appeal was dismissed, upholding the lower court's decision regarding jurisdiction.

LAKHA RAM SHARMA vs BALAR MARKETING P.LTD.. · Niyam