Delhi High Court Flags Confusion on IP Jurisdiction, Refers Issue to Larger Bench (HUL v. Kwick Living)
In HUL v. Kwick Living, the Delhi High Court declined to decide territorial jurisdiction and referred three questions to a Larger Bench. The underlying dispute is a familiar disparagement fight — HUL's grievance against a campaign styled "War on What's Hidden" that it says denigrates Vim and Surf Excel . Confronted at the threshold with the defendant's objection that Delhi has no territorial jurisdiction, Justice A.J. Bhambhani surveys the wreckage of the case law, and refers three questions to a Larger Bench. The factual matrix is almost engineered to expose the doctrinal fault lines: Both parties have their registered offices in Mumbai . HUL additionally has a corporate office in Delhi — a subordinate office, in the language of the statute. The only impugned hoarding the plaintiff could actually confirm at the time of filing was in Mumbai (para 75 of the plaint). The sole hook for Delhi is digital : the campaign is a...
