Ultra Home Construction Pvt. Ltd. v. Purushottam Kumar Chaubey & Ors.
[2016 SCC Online Del 376: (2016) 227 DLT 320 (DB): (2016) 65 PTC 469 (DB)]
Coram: Division Bench comprising Hon’ble Justices Badar Durrez Ahmed and Sanjeev Sachdeva.
Forum: Hon’ble High Court of Delhi
Case No.: FAO(OS)494/2015 & CM 17816/2015
Date of Decision: January 20, 2016.

Facts:

  • The Ultra Home Construction Pvt. Ltd. (Plaintiff), part of the AMRAPALI GROUP, was in the real estate business, using the trademark "AMRAPALI."
  • Purushottam Kumar Chaubey & Ors (Defendants) were accused of infringing on the plaintiff's trademark by using a similar name, "AMBAPALI GREEN," for a project in Deogarh, Jharkhand.
  • The case was filed by Ultra Home Construction Pvt. Ltd. seeking an injunction against the Defendants for alleged trademark infringement. The suit was dismissed by a Single Judge on the grounds of lack of territorial jurisdiction.
  • The present appeal challenges this dismissal, contesting that the court had jurisdiction based on the Plaintiff's business presence in Delhi.

Background:

This appeal challenged the 20.07.2015 judgment of a Single Judge in CS (OS) 2065/2015, which dismissed the Appellant/Plaintiff's suit due to lack of territorial jurisdiction, without requiring the presence of the Defendants/Respondents.

Main issue:

Whether territorial jurisdiction in a trademark action can be established where the Plaintiff has a subordinate office and part of the cause of action arises from the sale of infringing products in that jurisdiction?