Bombay High Court Limits Forum Choice in Metro Brands Passing-Off Claim

The Bombay High Court has ruled that a plaintiff cannot combine a passing-off claim arising outside its jurisdiction with a trademark infringement action filed in Mumbai under Section 134(2) of India's Trade Marks Act. In Metro Brands Limited v. MetBrands Private Limited, the court held that the cause of action for passing off occurred in Kerala, where both parties operate, making it the appropriate forum.

The decision emphasizes limits on forum shopping in IP disputes and requires separate proceedings for the passing-off element. The trademark infringement suit remains in Bombay, but the related claim must proceed in Kerala.

This ruling clarifies procedural boundaries for brand owners seeking relief across multiple jurisdictions in India.

Sources: https://www.barandbench.com/news/bombay-hc-asks-metro-brands-to-pursue-its-passing-off-claim-against-metbrands-before-kerala-court https://trademarklawyermagazine.com/trademark-news/