Tsr And Co., Home Needs Pvt Ltd And Another v. Ms.S Radhiga, Trading As Surya Coffee Works,

A.No.2514 of 2020 A.No.2514 of 2020 C.V.KARTHIKEYAN J, There are two plaintiffs. The first plaintiff is T.S.R. & Co. Home Needs Pvt. Ltd having its registered office at Kumbakonam and the second plaintiff is T.S.R. & Co. Madras, a partnership firm, registered office at Chennai. The suit had been instituted taking advantage of the sections 27, 28, 29, 134 & 135 of the Trademarks Act, 1999. The defendant has business at Vathalagundu. It is stated that the defendant had put up a website through which they have offered their products offending the registered trademark of the plaintiff's. It is stated that the products of the defendant are available online not just in their place at Vathalagundu but across the State including Chennai. Stressing that fact, the learned counsel for the plaintiffs insists that this Court will have jurisdiction to examine the issues raised in the plaint.

2. Taking a narrow view of the said aspect, leave is granted. However, if it is established that the defendants have no actual trade of their product in Chennai, then this order may be revisited.

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A.No.2514 of 2020 C.V.KARTHIKEYAN J, Jer

3. Leave is granted. Registry is directed to number the civil suit, if it is otherwise in order.

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