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Bombay High CourtLPETN/150/2019absolute

Bytedance Ltd. And ANR. v. Don Cinema And 2 ORS.

2019-10-07Hon'Ble Shri Justice R. I. Chagla2 pages

7-LPETN-150-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 150 OF 2019 IN COMMERCIAL IP SUIT NO. 1175 OF 2019 Bytedance Ltd. & Anr.

...Petitioners/

Plaintiffs

Versus

M/s. Don Cinema & Ors.

...Respondents/

Defendants ---------- Mr. Thomas George, a/w Mr. Manas Gaur, i/by Saikrishna & Associates, for the Plaintiffs.

---------- CORAM : R.I. CHAGLA J.

DATE : 7 October 2019 ORDER :

1.

This Petition is for leave under Clause XIV of the Letters Patent.

2.

The learned Counsel for the Petitioners states that the proposed Suit is filed for both infringement as well as passing off the Trade Mark "TikTok House". Since there is cause of action for both 1 / October 7, 2019

7-LPETN-150-19.doc infringement and passing off, necessary leave under Clause XIV of the Letters Patent has been sought.

3.

Having perused the Petition, I am satisfied that the case has been made out for grant of leave under Clause XIV of the Letters Patent.

4.

Accordingly, leave is granted under Clause XIV of the Letters Patent. The Petition is made absolute. [R.I. CHAGLA J.] 2 / October 7, 2019