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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA
Suman Devi – Appellant
Versus
Rakesh Kumar Sharma – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
Facts, and the impugned order
1. In CS (Comm) 410/2025,[ Rakesh Kumar Sharma v Suman Devi and Anr. , referred to, hereinafter, as “the suit”], pending before the learned District Judge (Commercial Court), [“the learned Commercial Court” hereinafter] and from which this appeal emanates, the respondent is the plaintiff and the appellants are the defendants.
2. The appellants assail order dated 2 June 2025 passed by the learned Commercial Court in an application filed by the respondent under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908,["CPC” hereinafter].
3. The suit was instituted by the respondent alleging infringement, by the appellants, of the registered trade mark LABTRONICS of the respondent. The respondent contended that he had coined and adopted the trade mark LABTRONICS in 2001 and was using the mark for scientific and laboratory instruments such as Spectrophotometers, Automatic Potentiometric Titrator, Tablets Disintegration Test Apparatus, Visual colorometer etc.
4. The respondent is also in possession of a valid and subsisting registration in the word mark LABTRONICS for scientific and laboratory instruments such as spectrophotom
The court underscored that registered trademarks must be protected against confusingly similar uses, emphasizing jurisdiction based on e-commerce presence.
Jurisdiction in trade mark cases arises where cause of action occurs, including digital accessibility, not solely based on physical business locations.
The jurisdiction of the Commercial Court can be established through online businesses actively targeting customers within that jurisdiction, regardless of where the business is physically located.
Civil Law - Return of plaint - Territorial jurisdiction - It is not possible to reach at a conclusion that no cause of action has arisen within the territorial jurisdiction of this court on a mere re....
The main legal point established is that the invocation of territorial jurisdiction under specific provisions of the Trade Marks Act, 1999 and the CPC must be analyzed based on the facts and document....
The main legal point established in the judgment is that the mere accessibility of a website in a particular jurisdiction does not automatically confer territorial jurisdiction, and real commercial t....
A part of the cause of action can arise in a court's jurisdiction even if services are provided online, contingent on the nature of the services advertised.
Territorial jurisdiction in trademark infringement cases requires proof of actual sales in the jurisdiction, not mere trap transactions, supported by relevant documentation.
Jurisdiction for trademark infringement suits is determined by the location of the plaintiff's business and the occurrence of the cause of action, necessitating return of the plaint when these criter....
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