AIR 2008 SUPREME COURT 3123
S. B. SINHA AND LOKESHWAR SINGH PANTA, JJ.
Civil Appeal No.3637 of 2008 (arising out of SLP (C) No. 20941 of 2006), D/- 16-5-2008.
A composite suit for infringement of copyright and passing off action is not maintainable in a Court where the plaintiff resides. A composite suit would not entitle a Court to entertain a suit in respect whereof it has no jurisdiction, territorial or otherwise. Order 2, Rule 3 of the Code specifically states so and, thus, there is no reason as to why the same should be ignored. The rejection of the plaint was, therefore, proper.
Suit for infringement of a copyrights can be filed where plaintiff resides or carries on buisness.
Suit for passing off goods under the trademark or copyrights can be filed where cause of action arises or where defendant works for gain or carries on the buisness.
