MIHIKESH KRISHAM PAPER

COMPANY(P)
v/s
MEJAS KRIHAR PAPER COMPANY(D)
The counsel seeks permission to approach the Dias.
“Much Obliged’’

Good Goodmorning/afternoon to the Hon’ble bench.

If it may please , the counsel seeks permission to address the bench as your
honour /honours.

“Much Obliged your honour.”

The counsel is appearing before the Hon’ble High Court of Shwela in the matter of
MIHIKESH KRISHAM PAPER COMPANY(P) v/s MEJAS KRIHAR PAPER
COMPANY(D), on behalf of the defendant.

JURISDICTION: your honours

This matter is wrongly filed , as the jurisdiction of the hon’ble high court of
shwela does not apply in the present case .
Although , If your honours would permit , the counsil will briefly address the
issue of jurisdiction in the issue no. 1 .

Your honour , there are two main issues involved in the present case.

FACTS:

The counsel seeks permission to begin with the Statements of Facts.

Much Obliged your honour

1. Republic of Govande is a democratic common law country with laws pari materia to
the laws of India.
Mihikesh Krisham Paper Company, incorporated under Companies Act, 1956 [Act 1 of 1956],
registered office at Romamore, is a private limited company established in 2001. “ Maheshwari
Group of Industries”
2. The fundamental business of the company was to manufacture and develop ruler,
erasers, pens, sticky-note, pen cups, note holders, paper clip and other stationery
products catering to school students. It primarily operated from the city of Nihargadh,
the winter-capital of Romamore, and had its business activities restricted to the
districts surrounding the city.
3. Scope of Mihikesh Krisham Paper Company widened in 2019, it started
manufacturing plain paper, chart-paper and high-end range of handmade paper.
4. The hand-made paper range is branded as ‘Kashi . Secondly, it commenced business
expansion by developing a business website ( www.mkpc.co.in) to cater to customers
beyond its geographical extent of business.
5. Company has been vigorously, openly and continuously promoting and publicizing
their new range of papers with the mark ‘Kashish’, ‘MKPC’ as well as ‘Mihikesh
Krisham Paper Company’ online and in the territory of Romamore. However, it has
not registered the mark ‘MKPC’ or any other marks as their trade mark nor have they
applied for well-known status of this mark under the Trade Marks Act 1999 (47 of
1999)
6. In many states including Shwela, Arvina Pradesh, and Deveena, Mihikesh Krisham
Paper Company has not begun business operations.
7. In December 2019, Mejas Krihar Paper Company was incorporated under the
provisions of the Companies Act, 2013 [Act 18 of 2013] with its principal office at
Lakshmi district of Mahasattva.
8. The primary business of Mejas Krihar Paper Company was to sell handmade business
card papers and related ink to printing industries and enterprises in Mahasattva. In
February 2020, it began its operations online through its website
(mkpc.hanmadepaper.mah). Subsequently it also started selling its self manufactured
handmade paper and colourful paper online .
9. In March 2020, the COVID-29 pandemic hit the world and started affecting the
business industry.
10. Moogle Govande is a subsidiary of Moogle Inc. in Govande. All contracts and laws
applicable to Moogle Govande are in pari materia to that of Google India. Likewise,
all laws and contracts applicable to Moogle Inc. are in pari materia with Google Inc.
11. . In February 2020, Mejas Krihar Paper Company utilised the advertisement services
by Moogle LLC and Moogle Govande in Govande and added “MKPC”, “Paper”,
“Mahasattva”, “Handmade”, “Shwela”, etc. words as AdWords under the services
provided by Moogle Govande.
12. . In March 2020, the sales for Mejas Krihar Paper Company through their website had
started increasing due to their heavy publicity online through Moogle Advertisements
as well as offline through banners, newspaper & TV advertisements, hoardings etc. in
Mahasattva.
13. August 2020, Mihikesh Krisham Paper Company sent a legal notice to Mejas Krihar
Paper Company stating that the use of words ‘MKPC’ in their website and as
AdWords is creating confusion in the minds of people, damaging their reputation in
the market and have also led to the demotion of their advertisement at Moogle Ads.
14. In November 2020, Mejas Krihar Paper Company replied to the notice that their
intentions were not mala fide and stated that the use of the words were valid and did
not infringe any trademark of Mihikesh Krisham Paper Company as they were using
it in good faith and the order was shuffled due to their expansion of business in the
field online as well as offline.
15. In December 2020, Mihikesh Krisham Paper Company sued Mejas Krihar Paper
Company for tort of passing off the trademark “MKPC” of Mihikesh Krisham Paper
Company in the High Court of Shwela.

ISSUES
In the facts and circumstances of the case mentioned above, the following questions
are to be discussed:

I. WHETHER THE HIGH COURT OF SHWELA HAS THE

JURISDICTION TO ENTERTAIN THE PRESENT SUIT?

II. WHETHER MEJAS KRIHAR PAPER COMPANY IS LIABLE FOR

COMMITTING THE TORT OF PASSING OFF?

“The counsel seeks permission to proceed with the

pleadings/arguments”
1]. Defendants will oppose jurisdiction for the Plaintiff's suit for
PASSING OFF on following grounds-
-AS IT VIOLATES SECTION 15 CODE OF CIVIL PROCEDURE
1908 CPC.(BY NOT FOLLOWING THE CORRECT HIRARCHY OF
COURT FOR FILING THE CASE.)
-UNDER CENTRAL GOVERNMENT ACT-SECTION 134(c) OF
TRADEMARK ACT , 1999 WHICH EXPLICTLY STATES THAT
“for passing off arising out of the use by the defendant of any trade
mark which is identical with or deceptively similar to the plaintiff’s
trade mark whether registered or unregistered, shall be instituted in
any court inferior to a District Court having jurisdiction to try the
suit”.
-{INDIAN KANOON-Bench: Jagdish Singh Khehar, Arun Mishra}
The Supreme Court of India on 01 July 2015 in the judgment in India
Performing Rights Society Limited vs. Sanjay Dalia & Anr, interpreted
Section 134 (2) of the Trade Mark Act, 1999 and also examined section
20 of CPC.SC-“ he object of the provisions was to enable the plaintiff to
institute a suit at a place where he or they resided or carried on
business, not to enable them to drag defendant further away from such
a place also as is being done in the instant cases. In our opinion, the
expression "notwithstanding anything contained in the Code of Civil
Procedure" does not oust the applicability of the provisions of section
20 of the Code of Civil Procedure and it is clear that additional remedy
has been provided to the plaintiff so as to file a suit where he is residing
or carrying on business etc., as the case may be.”
” Section 20 of the Code of Civil Procedure enables a plaintiff to file
a suit where the defendant resides or where cause of action arose.
Section 20(c) of the Code of Civil Procedure enables a plaintiff to
institute a suit where the cause of action wholly or in part, arises.
The Explanation to Section 20 C.P.C. has been added to the effect
that Corporation shall be deemed to carry on business at its sole or
principal office in India or in respect of any cause of action arising at
any place where it has subordinate office at such place. Thus,
„corporation‟ can be sued at a place having its sole or principal
office and where cause of action wholly or in part, arises at a place
where it has also a subordinate office at such place.”

-SECTION 21 OF CPC – (general principle)An order passed by a court

having no jurisdiction is a nullity,and that its invalidity could be set up
whenever and wherever it is sought to be enforced or relied upon, even
at the stage of execution and even in collateral proceedings. A defect of
jurisdiction strikes at the very authority of the court to pass any decree,
and such a defect cannot be cured even by consent of parties.

2].Defendant is not liable for commiting tort of passing on the

following grounds –
1.As stated in the facts the mihikesh krisham paper company has not
began business operation other states including mahasttva , shwela etc.
and neither we are operating our business in their state .Hence , it is
inherently clear that the boundaries of both the businesses is clearly
demarcated ,
So we are not in any manner harming the reputation or neither causing
any damages(as we do not do business there state so there is no
possibility of confusion in the minds of people as contented by plantiff)
and nor misrepresenting which in terms could harm plantiff.
2. The Asiatic Government Society ... vs The New Asiatic Life Insurance ... ( 8
September, 1938.) – The Asiatic Government Society ... vs The New Asiatic Life
Insurance ... on 8 September, 1938.the court dismissed the plantiffis prayer for injunction
against the defendant co. and held that the removal of the words , government security
and substituting the ‘NEW’ in their place sufficiently indicated the , the separate identity
of the two companies and there was no possibility of confusion among there respective
client to mistake one for another .
Similarly in the present the use of words like ‘HANDMADEPAPER’ , ‘MAH’-
which is short form of mahasattva .so the question of misrepresentation does
not arrive in the present case. All these words create a ‘UNIQUE ‘and
“DISTINCTIVE” identity of the website so there is no possiblity of confusion in
the minds of the people .
3.INTENTIONS – as already stated the we used word MKPC with
utmost good faith . Our intentions are“bona fide” and we didn’t used
the acronym to harm anyone. MKPC IS SIGNIFICANT TO US
BECAUSE IT SIGNIFIES THE ACRONYM OF OUR NAME AND
WE USED IT IN A UNIQUE MANNER , ALSO ITS NOT CRIME TO
USE ONE SELF S NAME FOR CONDUCTING BUSINESS .
 4). (ADDING ON TO THE PREVIOUS ARGUMENT , WE MADE
PRLIMNARY INQUIRY BEFORE STARTING OUR WEBSITE
THAT NO ELSE IN OUR TERITTORY USING THE SAME NAME
ACRONYM ). WE ARE IN FULL COMPLIANCES OF MOOGLE
INDIAS POLICIES ON ACRONYM , TRADEMARK AND
ADWORD USAGE . AND ALSO TO THE TRADEMARK AND
ADVERTISEMENT LAW IS IN INDIA. I WOULD LIKE TO
PRESENT THE MOOGLE GOVANDE POLICY REGARDING USE
OF TRADEMARK – There are multiple factors that determine when
trademarks can be used in ads. these policies apply only when a
trademark owner has submitted a valid complaint to MOOGLE.
- SO IN VERIFICATION PROCESS IF SOMEONE USES ANY
TRADEMARK WHICH IS ALREADY PROTECTED BY MOOGLE
GOVANDAE THEN MOOGLE WILL NOT REGISTER THAT OR
NOTIFY THEM. IN PRESENT CASE WE DID NOT RECEIVED
ANY KIND OF NOTIFICATIO FOR BREACH OF MOGLES
POLICY .THEREFORE WE IT IS PRESUMED THAT WE
FOLLOWED CORRECT PROCEDURE AND THIS ALSO SHOWS
THAT WE DO NOT HAVE MALAFIDE INTENTION AS LEGALLY
WE USED MKPC AND WE ARE NOT AWARE OF OTHER USAGE
OF SAME WORD .
5).ONE MORE POINT TO BE NOTED THAT PLANTIFF IS
SELLING THE PAPER IN THE OF” KASISH” TRADEMARK AND
WE ARE NOT USING THE SAME WORD IN ANYWHERE ON
OUR WEBSITE OR ADWORD .
Wherefore, in the light of the facts stated, arguments advanced and
authorities cited, it is most humbly prayed and implored before this Hon’ble
Court, that it may be graciously pleased to grant the following reliefs:

Relief 1).COURT CAN PASS ORDER RESTRAINTING PLANTIFF TO

FILE SUCH FLYVOROUS CASE .AS WE FACE
INCONVIENCE(FINANCIALLY AND MENTSLLY) WHEN PLANTIFF
FILE CASE ACC. TO THEIR WHIMS , EVEN THOUGH COURT DOES
NOT HAVE JURISDICTION .

Also, pass any other order that it may deem fit in the favor of the Appellant to
meet the ends of equity, justice and good conscience.
For this act of kindness, the Petitioner shall remain duty bound forever

It was pleasure arguing before the hon’ble court.