Section 134 Trade Marks Act 1999 deals with JURISDICTION for trade mark infringement / passing-off suits. A suit may be instituted in:
Athe District Court — and at the option of the registered proprietor, also a court where he resides or carries on business (overriding ordinary CPC jurisdiction)
Bonly the District Court within whose territorial limits the proprietor resides or carries on business (cf. Trade Marks Act 1999, Section 134)
Conly the High Court of the State in which the registered office of the proprietor is situated (cf. Trade Marks Act 1999, Section 134)
Donly the Sessions Court within whose limits the infringement was committed (cf. Trade Marks Act 1999, Section 134)
Answer & Solution
Correct answer: A. the District Court — and at the option of the registered proprietor, also a court where he resides or carries on business (overriding ordinary CPC jurisdiction)
1. Section 134 Trade Marks Act 1999: 'No suit (a) for the infringement of a registered trade mark; or (b) relating to any right in a registered trade mark; or (c) for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.'
2. Sub-section (2): the District Court 'shall' include a District Court within the local limits of whose jurisdiction, at the time of the institution of the suit, the person instituting the suit actually and voluntarily resides or carries on business or personally works for gain — overriding the strict CPC Section 20 jurisdictional rule.
3. The Supreme Court in IPRS v. Sanjay Dalia, (2015) 10 SCC 161 narrowed plaintiff's choice where there are multiple Section 20 venues.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 134_
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