through their website https://www.dapolo.in and also
through e-commerce website like Amazon, Flipkart, www.indiamart.com
etc., which are interactive in nature ... website, the intention of the host of the website to
specifically target viewers outside its jurisdiction, and the effect of
hosting such website on audiences
third-party websites / e-commerce
portals including https://www.pharmahopers.com ("Subject Website").
Furthermore, Subject Website is not an e-commerce portal ... placed through the Impugned
Website.
7. The learned Counsel for the Defendant submitted that the Impugned
Website is not an interactive website and a user
websites namely www.indiamart.com, www.amazon.com, etc. The screen
shot of the plaintiff's website as well as e-commerce interactive websites ... displaying, marketing,
promoting, soliciting its business through various e-commerce cum
interactive websites including www.indiamart.com all over the territory of
India including North
trademark/ label through the
'SANAN TEA' division through its interactive website
www.sanan.in which was accessible for prospective consumers ... showing that the products of defendants
were available worldwide through interactive websites.
It was further contended that Plaintiff had miserably
failed to make
stated that Plaintiff had started promoting her
products through her interactive website www.lifeimpressions.in
since 2016 and had also created Facebook, Instagram as well ... Defendant's product through
Defendant's interactive website www.lifeimpressions.co.in, but
the said product was not delivered till filing
been supplying,
selling, promoting and carrying its business through various
interactive websites which are accessible to customers all
over India and the world including Delhi ... selling the
impugned goods under the impugned trademark through
their interactive website i.e. https://haridwarayurved.com.
In addition, the plaintiff is also carrying
defendant's
website in Delhi would not enable this Court to
exercise jurisdiction.
ii. A passive website, not specifically targeting
audience in the forum ... jurisdiction would not get attracted
merely on the basis of interactivity of the website
which is accessible in the forum state. It would have
website was
with an intention to conclude a commercial transaction with the
website user.
(iv) The website must, therefore, not only be interactive, but must ... plaintiff to sue the host of the website
wherever the website can be accessed. The interactivity must partake of
the nature of ability to conclude
said website. Further, the said website was not a
passive website but seeks feedback and inputs of its customers through an
interactive web page ... website
showing the defendants products range have been filed. A perusal of
the 'Indiamart' website prima facie shows that it is an interactive
also stated in the plaint that the
defendant was operating an interactive website
https://haridwaryurved.com through which the impugned products
were made available ... website from Delhi, and the
corresponding invoice is already on record. This demonstrates that the
defendant's website is not merely interactive
