Registered Office Is Not a Passport to Forum- A Critical Analysis of Metro Brands Limited v. Met Brands Private Limited
I. Introduction: The Question Presented At its narrowest, this order answers a procedural question; at its widest, it restates one of the most litigated principles in Indian intellectual-property practice — the limits of a rights-holder's freedom to choose its forum. The plaintiff, Metro Brands Limited, sought leave under Clause 14 of the Bombay High Court's Letters Patent to join, in a single suit before the Bombay High Court, two causes of action: infringement of its registered trade mark METRO / METBRANDS (invoking this Court's jurisdiction through Section 134 of the Trade Marks Act, 1999), and passing off, which — on the plaintiff's own pleading — was occurring entirely within the State of Kerala, beyond this Court's territorial reach. Gauri Godse, J. dismissed the leave petition, leaving the plaintiff at liberty to sue in accordance with law. II. The Dispute and the Parties Metro Brands Limited is a company incorporated under the Companies Act, ...