Trademark Infringement – Court where goods are sold on web portal has territorial jurisdiction
The plaintiff filed suit under Section 134(1) read with Sections 27 and 29 of the Trade Marks Act, 1999, read with Section 20[c] of the Code of Civil Procedure for permanent and mandatory injunction restraining passing off and infringement by the defendants with the use of a deceptively similar mark.
The plaintiff averred that the defendants are carrying on business in Delhi by offering their products all over India including Delhi and cause of action has arisen in Delhi.
The defendant no.1 filed application under Order VII Rule 11 of the CPC for rejection of the plaint filed in the Court of Delhi for want of jurisdiction.
HELDL that the jurisdiction of a court in a trademark action could be invoked where there is use of goods including advertising, promotion, publicity, etc.
The jurisdiction of a Court in a trade mark action. Website marketing the goods of the defendants is accessible from Delhi, the said Court would have territorial jurisdiction. The same would constitute “use” in relation to goods, as the defendants had promoted and advertised the same through the third party website within the jurisdiction of Delhi Court at the time of filing of the suit.
Judgment dated 4.2.2025 of the High Court of Delhi in CS (COMM) 801/2023 of Johnson & Johnson Pte Ltd Vs. Abbireddi Satish Kumar and others with connected matters
