Pfizer Products Inc Versus Rajesh Chopra & Ors

The suit filed by the plaintiff is for injunction and damages for passing off and unfair competition. The plaintiff in their plaint relies on two factors for want of jurisdiction of the court to try and entertain the suit. The first being that the defendants have applied for registration of their trademark GEODON and ZOLOFT in Delhi in the Trade Mark Registration which is in the jurisdiction of this court. The second factor stated by plaintiff to give this court jurisdiction to entertain the present suit is that the defendant intended to sell and offer for sale the offending goods in Delhi.

The defendants in the suit who are also the applicants of the interlocutory application seeking return of the plaint for want of territorial jurisdiction submitted that the court does not have the territorial jurisdiction to entertain the suit. Further that in an action for passing off no cause of action would arise in Delhi as they have not sold any goods in Delhi, therefore this court would have