Delhi High Court: No Jurisdiction in ‘Doctor Brand’ Trademark Dispute Without Proof of Sales in City

The Delhi High Court held that merely listing goods on a website accessible in Delhi or executing trademark registration in Delhi does not establish territorial jurisdiction without proof of actual sales in the city.

The Court returned a suit filed by Vikrant Chemico Industries against Shri Gopal Engineering over competing “Doctor” brand phenyl products, noting that both parties were based in Kanpur.

On merits, the Court said no infringement claim lay since both had valid registrations under Section 28(3) of the Trade Marks Act, and ruled that “Doctor” was a generic, laudatory term.

[Vikrant Chemico Industries v Gopal Engineering and Chemical Works]