Online Product Listings Establish Trademark Jurisdiction
Court Affirms Jurisdiction for Online Trademark Infringement Cases
The Delhi High Court has ruled that if a website displaying products is accessible in a specific territory, the court in that territory has jurisdiction over trademark infringement cases. Even if a business does not physically sell goods there, offering them for sale online is enough to establish jurisdiction.
Defendant’s Claim of No Business in Delhi Rejected
The case involved a trademark infringement suit filed by Johnson & Johnson Pte. Ltd. against a defendant selling ORSL electrolyte drinks. The defendant argued that its business was limited to Andhra Pradesh, Odisha, Tamil Nadu, and Telangana and did not extend to Delhi.
Plaintiff’s Side Of The Story Regrading Defendant
However, the plaintiff countered that the defendant’s products were available for purchase through third-party platforms like IndiaMart, allowing nationwide orders, including from Delhi. The plaintiff even managed to place an order from Delhi, demonstrating the defendant’s online presence in the territory.
Online Listings Considered ‘Use’ Under Trademark Law
Justice Mini Pushkarna ruled that displaying and marketing goods on an accessible website qualifies as ‘use’ under trademark law. The court stated that:
A website’s accessibility in Delhi is sufficient to establish jurisdiction, even if it later stops operations.
Goods advertised or promoted online fall under ‘use’ in relation to trademark infringement.
Even if no product is ultimately delivered, the ability to place an order proves jurisdiction.
Court Dismisses Defendant’s Plea
The court rejected the defendant’s request to dismiss the suit for lack of jurisdiction. It emphasized that advertising, promoting, or offering products for sale in a territory is enough to bring a trademark infringement case under that court’s jurisdiction.
This ruling reinforces the legal principle that businesses selling products online cannot evade legal responsibility in territories where their websites are accessible.
