Delhi High Court Affirms Jurisdiction in Online Trademark Disputes

The Delhi High Court ruled that if trademark-infringing goods are marketed online and accessible in a specific territory, courts there have jurisdiction.

In a case filed by Johnson & Johnson Pte. Ltd. against a defendant selling ‘ORSL’ electrolyte drinks on IndiaMart, the court upheld jurisdiction since the plaintiff placed an order from Delhi, despite the defendant claiming operations in Andhra Pradesh.

The court emphasized that online promotion and sales constitute ‘use’ under trademark law, even if delivery doesn’t occur.

This decision underscores the importance of online business activities in establishing territorial jurisdiction in trademark infringement cases.