Trap Purchases and Manufactured Jurisdiction in Indian IP Litigation A study of SML Ltd. v. M/s Happy Agro Chemicals and the doctrine of trap transactions Introduction In intellectual property disputes, few procedural issues matter as much as deciding where a case can be filed. The choice of court often shapes the entire journey of the case — from how quickly interim orders are granted, to the attitude of the local lawyers, to the practical burden placed on a defendant who must fight far from home. Because the forum is so important, plaintiffs sometimes try to influence it. The most common method is the trap purchase : a test buy arranged by the plaintiff, where an investigator pretends to be a regular customer, purchases the allegedly infringing product, and keeps the invoice and packaging. Later, this evidence is used not only to show infringement but — more controversially — to argue that the cause of action arose within the territory of the chosen court. Tra...
Delhi High Court Directs Inquiry into Missing Trademark Files: DIPP Admits Records Lost During Registry Decentralization
A writ petition was filed before the Delhi High Court by an aggrieved company, Haldiram, seeking inspection of certain trademark prosecution and opposition files pertaining to its own applications and proceedings before the Trade Marks Registry. In the course of the proceedings, several other parties—similarly unable to access their respective files—applied for and were granted impleadment, joining the petitioner in seeking directions from the Court. Registry's Inability to Explain the Missing Files Despite repeated queries from the Court, the Trade Marks Registry was unable to furnish any convincing explanation for its failure to produce the files sought for inspection. In view of this, the Court directed that an inquiry be conducted by the Secretary of the Department of Industrial Policy and Promotion (DIPP), under whose administrative supervision and control the Patent, Trade Marks, Design, and Geographical Indications offices function. The DIPP, in turn, operates under the Mi...