Skip to main content

Posts

Showing posts from November, 2011

Digital Storefronts Define Trademark Jurisdiction, Rules Delhi HC

Rukhmani Keshwani v. Raju Agarbatti Works & Anr. , FAO (COMM) 99/2024 (Delhi High Court, Division Bench, decided 01.07.2026) Why This Case Matters For any business that sells through a website, a marketplace listing, or a platform like IndiaMart, Amazon, or Etsy, this ruling answers a question that keeps coming up in Indian IP litigation: can you be sued for trademark or copyright infringement in a city where you have no office, no warehouse, and no employee — simply because your goods are listed online and reachable there? The Delhi High Court's answer, reaffirming and extending its own recent line of authority, is yes — provided the online listing shows purposeful commercial targeting , not mere passive accessibility. Actual completed sales are not required. This has direct consequences for how foreign and domestic manufacturers, franchisors, and e-commerce sellers should think about litigation risk exposure across Indian jurisdictions. The Dispute in Brief R...

Amendment of claims in infringement Suit whether permissible without amending the plaint

In Re: Glaverbel S.A. vs Dave Rose & Ors., Justice A. K. Pathak, Delhi High Court rejects IA seeking amendment in claims as allowed in another suit without amending the present suit. The Court also relied on certified copy of Patent Office wherein the amendment sought in claim did not reflect. Here the Plaintiff vide an interlocutory Application 12535/2011 (under Section 151 of CPC)sought the amendment in present suit (CS (OS) no. 594/2007 of independent claim 1 as allowed in CS (OS) no. 593/2007. The originally allowed claim under Patent No. 190380 read as under A Mirror with no copper layer comprising: i) a vitreous substance, ii) at least one material selected from the group consisting of bismuth, chromium, gold, indium, nickel, palladium, platinum, rhodium, ruthenium, titanium, vanadium and zinc at the surface of the said substrate, iii) a silver coating layer on the surface of the said substrate, said silver layer optionally comprising at least one material selected from...