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ARTICLE · 12 APRIL 2007

Court Checks Arbitrary Exercise Of Discretion

In a civil case the relief claimed has a strong bearing in determining the jurisdiction. It is usually the privilege of the plaintiff to determine the valuation of the suit for the purpose of jurisdiction.

IndiaIntellectual Property

In a civil case the relief claimed has a strong bearing in determining the jurisdiction. It is usually the privilege of the plaintiff to determine the valuation of the suit for the purpose of jurisdiction. An interesting question that arose in Pfizer Products, Inc v. B.L.& Co & Ors 2007 (34) PTC 294 (Del.) is that whether two valuations are permissible for the plaintiff in the same proceedings.

Facts of the case

Pfizer Products claims to be a global research based pharmaceutical company with worldwide performance. The suits have been filed by Pfizer Products against different defendants for injunction, damages, passing off and unfair competition. Pfizer alleges that different defendants are selling products under deceptively similar trademarks. But a common question that arose in all these suits was with regard to the valuation for Court fee and jurisdiction. For the purpose of the Court fees the valuation taken was 5,00,050 and for the purpose of jurisdiction it was valued at

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