Bombay HC: Territorial Jurisdiction in Trademark Suits Depends on Place of Purchase, Not Customer Residence

The Bombay High Court ruled that territorial jurisdiction under Section 134(2) of the Trade Marks Act is determined by the place where goods are purchased, not the residence of the customer.

In a trademark infringement case filed by Arcee Electronics against users of the mark “ARCEEIKA,” the Court held that mere delivery of goods to customers in Mumbai does not establish jurisdiction there.

Since the plaintiff’s business was located in Navi Mumbai and Raigad District, the Court found that the Bombay High Court lacked jurisdiction.

The plaint was returned under Order VII Rule 10 CPC, directing the plaintiff to file the suit in the appropriate court.