Case Law: Arch Comic Publications Inc vs Purple Creations Pvt Ltd. And Ors. on 10 September, 2010.
The Appellant, Arch Comic Publications Inc had filed a suit claiming for injunction, infringement of trademark, damages, against the Respondents, Purple Creations Pvt Ltd claiming to be engaged in the field of printed matter, paper articles, newspapers, periodicals, books, comic magazines, cartoons strips, vanity sets, nail tips ,story books, films and a variety of license products like: glassware, lipstick, body mist, clothing items such as Tshirts, polo shirts, night shirts and in particular clothing for children, beach towels, hats etc. According to the Appellant they are the proprietor of Archie Comic Publication Inc. and own the “ARCHIE” trademark with its variations like “ARCHIE”, “ARCHIE‟S”, “LITTLE ARCHIE”, “THE ARCHIES” “THE NEW ARCHIES”, “ARCHIE COMICS” etc. It is claimed by the Appellant that since they are using the said trademark “ARCHIE” since 1942, by virtue of its long, continuous and extensive use consumers all over the world, including those in India associate the trade mark “ARCHIE” with that of the Appellant.
Arch Comic Publications had applied for registration of Archie “Archie and Heads” on 17th October 1989 and they have been using this trademark in India since April 1979. However they came to know that the Respondents, Purple Creations Pvt Ltd have been using their trademark in June 2004 through an advertisement. They are involved in manufacturing of kids wear under the given trademark.
In the light of these events the Respondents filed an application under Order 7 Rule 11 being IA No.238/2006 in CS (OS) No.1420/2005 for rejection of the plaint urging that the Court of Delhi had no jurisdiction, as neither the Appellant carries on his work or personally works for gain at Delhi nor the Respondents reside or carry on business nor any cause of action has arisen in Delhi.
The Appellant filed an application stating a response to the Purple Creations Pvt Ltd that the respondents have a distributor who has been operating under the jurisdiction of Delhi High Court. Also Purple Creations have been advertising their products with said trademark in major newspaper in Delhi including Mid-Day and Delhi Edition. Purple creations denied all the claims made against them since Arch Comics were not able to bring substantial proofs.
Thus it was further contended that on the pleadings of the Appellant this Court did not have the territorial jurisdiction to entertain and try the present suit and in any case by way of the amendment jurisdiction to try the suit cannot be vested in this Court. The case was dismissed.