Court rules online presence and 'Contact Us' page sufficient to establish jurisdiction in trademark case involving Regoshin Healthcare Pvt Ltd.
In a significant ruling, the Delhi High Court has upheld its territorial jurisdiction in the trademark infringement case filed by Ravinder Singh against Regoshin Healthcare Pvt Ltd and others. The decision, delivered by Justice Jyoti Singh, emphasizes the importance of online presence and 'Contact Us' webpages in determining jurisdiction, even when the plaintiff's primary business operations are located outside Delhi.
The plaintiff, Ravinder Singh, sought a decree of permanent injunction to restrain the defendants from infringing upon his trademarks in the domain of dietary supplements and pharmaceuticals. The defendants argued that the Delhi High Court lacked territorial jurisdiction, citing that the plaintiff's principal business operations were in Amritsar, Punjab. They contended that no sales of the infringing products occurred in Delhi and that the mere accessibility of their websites in Delhi was insufficient to confer jurisdiction.
However, the court dismissed the defendants' application for returning the plaint, ruling that the presence of a 'Contact Us' webpage and product listings accessible to Delhi consumers constituted a part cause of action. The court emphasized that the objection to jurisdiction must proceed on the assumption that all facts in the plaint are true, and any defense raised by the defendants cannot be considered at this threshold stage.
Justice Singh highlighted that Section 20 of the Civil Procedure Code governs territorial jurisdiction, allowing a suit to be filed where the defendant resides or where the cause of action arises. The court found that the defendants had a registered office in Delhi and maintained an online presence that targeted consumers in Delhi, thereby creating potential for confusion and deception among consumers.
The court also referenced earlier judgments, including Sun Pharmaceutical Industries Ltd. v. Artura Pharmaceuticals P. Ltd., which supported the view that the accessibility of a website and the presence of interactive elements like 'Contact Us' pages could establish jurisdiction. The court noted that these elements should be evaluated during the trial to determine their interactivity and functionality.
The ruling underscores the evolving nature of jurisdictional considerations in the digital age, where online activities and web presence play a crucial role in legal determinations.
Bottom line:-
Jurisdiction in trademark infringement and passing off suits involving online presence - Mere accessibility of the defendant's website containing a "Contact Us" page and product listings in the plaintiff's geographical area can suffice to establish territorial jurisdiction.
Statutory provision(s):
- Civil Procedure Code, 1908: Order VII Rule 10 and Section 20
- Trade Marks Act, 1999: Section 134
Ravinder Singh v. Regoshin Healthcare Pvt Ltd, (Delhi) : Law Finder Doc id # 2901088
