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2007 Supreme(Del) 1374

SANJAY KISHAN KAUL
(INDIA TV) INDEPENDENT NEWS SERVICE PVT LIMITED – Appellant
Versus
INDIA BROADCAST LIVE LLC – Respondent


Advocates Appeared:
Bishwajit Dubey, P.V.KAPUR SENIOR, PRATHIBHA M.SINGH, SUMEET MEHRA, THOMAS GEORGE

SANJAY KISHAN KAUL, J.

( 1 ) "jurisdiction" as Oliver Wendall Holmes said, 'whatever else or more it may mean, is jurisdictio, in its popular sense of authority to apply the law to the acts of men'. Ordinarily jurisdiction is exercised over defendants residing or carrying on business or personally working for gain within the territorial jurisdiction of the court. With the growth of e-commerce and commercial activity over the world wide web, it has become possible for business to be conducted across the globe without actual presence in every place. The present case, inter alia, involves the question of jurisdiction in such a situation.

( 2 ) THE plaintiff company runs a Hindi news channel 'india TV' which was launched in March 2004 It is stated that the channel is one of the leading Hindi news channels in India having popular programs such as 'breaking News' and other programs such as India Beats, Jago India, Aap ki Adalat etc.

( 3 ) THE plaintiff claims to have adopted the mark 'india TV' since 01. 12. 2002 and is stated to have been using the said mark continuously and extensively. It is stated that the plaintiff applied for the registration of the mark 'india TV' in classes 38





































































































































































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