Ms.Maimoona Badsha v. Shinu J Pillai

A.No.6365 of 2016 in C.S.D.No.45072 of 2016 M.M.SUNDRESH, J.

Seeking leave to sue the respondents, the applicant/plaintiff has come up with this application.

2.The suit has been laid for passing off on the ground that the respondents have started a firm in the same name as that of the applicant. Learned counsel appearing for the applicant submits that the mark is being used by the applicant much prior to that of the respondents. Since the respondents are using the mark, which is identical to that of the applicant, the goodwill and reputation of the applicant is also affected. She also submits that the cause of action has arisen within the territorial jurisdiction of this Court. Learned counsel further submits that the respondents are having branch office at Chennai, as seen from the websites.

M.M.SUNDRESH, J.

mmi 3.In view of the above, this Court is satisfied that the cause of action has arisen within the territorial jurisdiction of this Court. Hence leave is granted.

30.11.2016 mmi Note: Registry is directed to number the suit and list the applications on 02.12.2016.

A.No.6365 of 2016 in C.S.D.No.45072 of 2016 http://www.judis.nic.in