The Delhi High Court has ruled that a lawsuit filed by Sun Pharmaceutical Industries against a company selling a product called “PEPFIX-NEOVITAL” is maintainable. The court’s decision was based on the fact that the defendant company has an online presence, which suggests that it is doing business in the Delhi territory.
The lawsuit was filed by Sun Pharma, which claimed that the defendant company was infringing on its trademark by selling a product with a similar name. The defendant company had argued that the court did not have jurisdiction to hear the case, as it was not doing business in Delhi.
However, the court rejected this argument, citing the fact that the defendant company has a website and is selling its products online. The court noted that the website is accessible to customers in Delhi, and that the defendant company is therefore doing business in the territory.
The court’s decision is significant, as it highlights the importance of online presence in determining jurisdiction in intellectual property cases. The ruling suggests that companies with an online presence can be considered to be doing business in a particular territory, even if they do not have a physical presence there.
The case is also notable for its implications for trademark law in India. The court’s decision suggests that companies must be careful to ensure that their online activities do not infringe on the trademarks of other companies. The ruling also highlights the need for companies to be aware of their online presence and to take steps to protect their intellectual property rights in the digital sphere.
In its ruling, the court noted that the defendant company’s website is accessible to customers in Delhi, and that the company is therefore subject to the jurisdiction of the Delhi High Court. The court also noted that the defendant company’s online activities are sufficient to establish a “commercial connection” with the territory, which is a requirement for establishing jurisdiction.
Overall, the Delhi High Court’s ruling in the PEPFIX-NEOVITAL case is an important development in the field of intellectual property law in India. The decision highlights the importance of online presence in determining jurisdiction and the need for companies to be aware of their online activities and to take steps to protect their intellectual property rights.