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.