chapter  38
11 Pages

Remedying mischief in deciding jurisdiction favouring the plaintiff in India

WithGargi Chakrabarti, Saahil Dama

Decisions like the ones mentioned here have been rendered after judges have noted the rapid increase in e-commerce and online businesses. Courts have been willing to do away with traditional jurisdictional requirements of the plaintiff/defendant having to be physically present to conduct business. The decision in Sanjay Dalia was necessary to limit the ambit of section 134(2) which otherwise gave unbridled discretion to plaintiffs in deciding to file trademark infringement suits. The Trade Mark Act only applies in cases where a trademark has been registered within the territory of India or an application for registration has been filed in India. In the case of Indian Performing Rights Society Ltd. v Sanjay Dalia and Ors., the Supreme Court of India limited the scope of application of section 134 of the Trade Marks Act, 1999. The plaintiff filed a suit before a court in Delhi based on section 134 of the Trade Marks Act since it was carrying on business in Delhi.