Document Fragment View

Matching Fragments

51. In the aforesaid judgment, Division Bench of Delhi High Court held that Indiamart Website is an interactive site. It is has been held as under:

"9. The respondent alleges that the appellant also sells goods through an interactive website - www.indiamart.com.
10. The learned Commercial Court had, prima facie, accepted the said allegations and had issued an ad interim order dated 25.08.2023 restraining the appellant and other persons acting on its behalf from using, directly or indirectly, the trademark "SUPER SHAKTI LENO"
14. Undisputedly, if a person carries on his business through an interactive site and, sells and markets its goods through such sites, the courts exercising jurisdiction in respect of places where the goods are made available would have the jurisdiction to entertain a suit for infringement of the trademarks. Indisputably, customers in Delhi can place orders and purchase goods online through the interactive website. Thus, the courts in Delhi would have the jurisdiction to entertain the suit for infringement of trademarks and passing off (Reference: World Wrestling Entertainment, Inc. v. M/s. Reshma Collection & Ors.: 2014 SCC OnLine Del 2031).

rt

52. In case Sunil Niranjan Shah v. Vijay Bahadur 2025 SCC OnLine Del 8644, it has been further reiterated that Indiamart website is an interactive website. Relevant paragraphs of aforesaid judgment read as under:

"ANALYSIS AND FINDINGS:
Cause of action within the territorial jurisdiction
6. It is submitted by the Defendant that no cause of action has arisen within the territorial jurisdiction of this Court as neither of the parties resides, works for gain, nor carries on business within Delhi.
53. Reliance has further been placed by plaintiff on judgments passed by Delhi High in Marico Ltd. v. Mukesh Kumar and Ors. 2018 39 2026:HHC:15075 SCC OnLine Del 13412 and Shakthi Fashion and another v.
Burberry Limited 2022 SCC OnLine Del 1636.
54. Though, Mr. L. Badri Narayanan argued that plaintiff has not .
shown any sale through Indiamart within the territorial jurisdiction of this Court, however, this Court is not impressed with aforesaid submission made at the behest of defendant, because, access to an interactive website is sufficient to mean "carrying on business" within of the jurisdiction of this Court.