Brief Legal News Write-Up
Astral Ltd. v. M/s Astral Marketing Syndicate & Anr.
Date of Judgment: 15.06.2026 : Case No.: CS(COMM) 294/2024, I.A. 16193/2025 : Neutral Citation: 2026:DHC:4706 : Court: High Court of Delhi : Hon'ble Judge: Justice Tejas Karia
The Court considered a dispute concerning territorial jurisdiction in a trademark infringement and passing off suit. The case arose from allegations that the defendant was using the mark “ASTRAL” in relation to its products and advertising the same through the online platform Justdial, thereby causing confusion with the plaintiff’s well-known trademark.
The principal question before the Court was whether the Delhi High Court could exercise territorial jurisdiction when the defendant was based in Ahmedabad, but the allegedly infringing products were advertised through an interactive online platform accessible in Delhi and the plaintiff maintained a subordinate office in Delhi.
After examining the material on record and the submissions of the parties, Justice Tejas Karia observed that for deciding an application challenging jurisdiction at the threshold stage, the averments in the plaint must be assumed to be true. The Court held that listings on interactive online platforms such as Justdial, through which customers may access product catalogues, communicate with sellers, and place enquiries, can constitute a part of the cause of action for the purpose of territorial jurisdiction. The Court further emphasized that the plaintiff’s subordinate office in Delhi, coupled with the online accessibility of the defendant’s products in Delhi, was sufficient to confer jurisdiction at this preliminary stage.
Accordingly, the Court dismissed the defendant’s application seeking rejection of the plaint on the ground of lack of territorial jurisdiction while keeping the jurisdictional objections open for consideration at the appropriate stage of the suit.
Disclaimer: Readers are advised not treat this as a substitute for legal advise as it is based on limited information and is intended solely for general informational purposes.
Delhi High Court Holds Justdial Listing and Online Accessibility Sufficient to Confer Territorial Jurisdiction in Trademark Suit
Introduction
The Delhi High Court's decision in Astral Ltd. v. M/s Astral Marketing Syndicate & Anr. is a significant ruling on territorial jurisdiction in trademark infringement and passing off actions involving internet-based commercial activities. As business transactions increasingly move online, courts are frequently required to determine whether digital advertisements, online product listings, and internet-based interactions are sufficient to confer jurisdiction upon a particular court.
The judgment is particularly important for trademark owners, businesses operating through e-commerce and online directories, intellectual property practitioners, and companies seeking to enforce their trademark rights across different jurisdictions. The Court clarified that online commercial presence through interactive platforms may constitute a part of the cause of action and can support territorial jurisdiction even when the defendant's principal place of business is located elsewhere.
The ruling reflects the evolving approach of Indian courts toward internet jurisdiction and reinforces the principle that digital accessibility and online commercial interaction may have important jurisdictional consequences.
Factual and Procedural Background
Astral Ltd. instituted a commercial suit seeking relief against M/s Astral Marketing Syndicate and another for alleged trademark infringement and passing off involving the mark “ASTRAL.”
During the pendency of the suit, Defendant No. 1 filed an application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 seeking rejection of the plaint. The principal ground raised by the defendant was that the Delhi High Court lacked territorial jurisdiction to entertain the suit.
The defendant argued that it carried on business exclusively from Ahmedabad, Gujarat. It was also contended that the plaintiff's principal place of business was situated in Ahmedabad. According to the defendant, no sale of the allegedly infringing products had taken place in Delhi and the mere existence of an online advertisement could not confer jurisdiction.
The plaintiff opposed the application and relied upon its pleadings that the defendant's products were advertised and offered for sale through the online platform Justdial. The plaintiff asserted that the Justdial listing was accessible throughout India, including Delhi, and enabled consumers to access product catalogues, initiate enquiries, communicate with the defendant, and place orders.
The plaintiff further pleaded that it maintained a sales and marketing office in Delhi and that customers within Delhi were likely to be confused by the defendant's use of the impugned mark.
The Court was therefore required to determine whether these pleadings were sufficient to confer territorial jurisdiction at the preliminary stage.
Dispute Before the Court
The central issue before the Court was whether the Delhi High Court possessed territorial jurisdiction to entertain the trademark infringement and passing off suit.
The defendant contended that both parties were based in Ahmedabad and that no actual commercial transaction involving the allegedly infringing products had been shown to have taken place in Delhi. According to the defendant, a listing on Justdial or an online advertisement accessible in Delhi could not by itself create jurisdiction.
The plaintiff argued that the defendant's products were being promoted and advertised through an interactive online platform accessible to consumers in Delhi. The plaintiff further contended that customers in Delhi could communicate with the defendant, access product information, and potentially place orders through the online platform. It was also argued that the plaintiff maintained a subordinate office in Delhi and therefore the Court possessed jurisdiction under Section 134 of the Trade Marks Act, 1999 read with Section 20 of the Code of Civil Procedure.
The Court was therefore called upon to examine whether online accessibility and digital commercial interaction constituted a sufficient part of the cause of action for jurisdictional purposes.
Reasoning and Analysis of the Court
The Court began by reiterating the settled principle that while considering an objection to territorial jurisdiction at the threshold stage, the averments made in the plaint must be accepted as true. The Court emphasized that such objections are examined on the demurrer principle and do not require immediate adjudication of disputed facts.
The Court noted that the plaintiff had specifically pleaded that the defendant's allegedly infringing products were listed and advertised on Justdial and that consumers throughout India, including Delhi, could access those listings. The listings enabled users to access product catalogues, obtain contact details, initiate communication, and send enquiries to the defendant.
The Court relied extensively upon its earlier decision in Sun Pharmaceutical Industries Ltd. v. Artura Pharmaceuticals (P) Ltd., 2025 SCC OnLine Del 8642. In that case, the Court had applied the principles laid down in Banyan Tree Holding (P) Ltd. v. A. Murali Krishna Reddy, 2009 SCC OnLine Del 3780, concerning internet jurisdiction. The Court had recognized the relevance of the “sliding scale test” and the “effects test” for determining whether online activities amount to purposeful availment of a forum.
The Court referred to the observations in Sun Pharmaceutical that a website containing interactive features such as a “Contact Us” page, downloadable product information, and customer communication mechanisms may be sufficient to establish prima facie jurisdiction at the threshold stage.
The Court also relied upon Ravinder Singh v. Regoshin Healthcare (P) Ltd., 2026 SCC OnLine Del 3716, where it had been held that third-party platforms such as Justdial and IndiaMart operate as facilitators for commercial promotion and can contribute to the arising of a cause of action.
Another important precedent considered by the Court was Tata Sons P. Ltd. v. Hakunamatata Tata Founders and Ors., 2022 SCC OnLine Del 2968. In that decision, the Court had observed that targeting customers need not always involve aggressive marketing and that, in appropriate cases, the mere online presence of a website accessible within a territory may be sufficient.
The Court observed that Justdial was not merely a passive directory. The plaintiff had specifically pleaded that the listing enabled customer interaction, access to product catalogues, and communication with the defendant. Such functionality could reasonably be construed as facilitating commercial transactions.
The Court further held that whether actual transactions occurred in Delhi and whether customers in Delhi were genuinely confused were disputed factual issues that could only be resolved after evidence is led during trial.
The Court also considered the plaintiff's reliance on Section 134 of the Trade Marks Act, 1999. The plaintiff maintained a subordinate office in Delhi. Referring to Astral Ltd. v. Ajay Enterprises, 2025 SCC OnLine Del 10065, the Court reiterated that where part of the cause of action arises at a place where the plaintiff has a subordinate office, the courts at that location may also exercise jurisdiction.
The Court rejected the defendant's argument that failure to expressly invoke Section 134 in the plaint deprived the Court of jurisdiction. It held that jurisdiction depends upon substantive legal entitlement and not merely upon citation of statutory provisions.
Final Decision of the Court
The Delhi High Court dismissed the defendant's application seeking rejection of the plaint on the ground of lack of territorial jurisdiction.
The Court held that the pleadings disclosed that part of the cause of action had arisen within Delhi because the defendant's allegedly infringing products were advertised and promoted through an online platform accessible to consumers in Delhi. The Court further found that the plaintiff maintained a subordinate office in Delhi, thereby supporting jurisdiction under the Trade Marks Act and the Code of Civil Procedure.
However, the Court clarified that the defendant's objections regarding territorial jurisdiction were kept open and could be raised at the appropriate stage during the trial. The suit was directed to proceed further in accordance with law.
Point of Law Settled
The judgment reinforces the principle that in trademark infringement and passing off actions involving internet-based activities, online listings on interactive platforms such as Justdial may constitute a sufficient part of the cause of action to confer territorial jurisdiction.
The Court clarified that at the stage of deciding jurisdictional objections under Order VII Rule 11 CPC, the pleadings must be accepted as true and disputed factual issues concerning actual sales, commercial transactions, or consumer confusion should ordinarily be left for trial.
The decision further confirms that where a plaintiff maintains a subordinate office within a jurisdiction and part of the cause of action arises there, the courts at that location may exercise jurisdiction under Section 134 of the Trade Marks Act, 1999 read with Section 20 CPC.
Case Details:
Title of the Case: Astral Ltd. Vs. Astral Marketing Syndicate & Anr.
Date of Judgment/Order: 15.06.2026
Case Number: CS(COMM) 294/2024, I.A. 16193/2025
Neutral Citation: 2026:DHC:4706
Name of Court: High Court of Delhi
Name of Hon'ble Judge: Justice Tejas Karia
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: Images used herein do not reflect actual images used in Judgement and that the same are for illustrative purpose only. Readers are advised not to treat this as substitute for legal advice as it may contain errors in perception, interpretation, and presentation.
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Headnote of the Judgment:
Astral Ltd. v. M/s Astral Marketing Syndicate & Anr., Delhi High Court, CS(COMM) 294/2024, Neutral Citation 2026:DHC:4706, decided on 15.06.2026. The defendant sought rejection of the plaint under Order VII Rule 11 CPC on the ground that the Delhi High Court lacked territorial jurisdiction because both parties were based in Ahmedabad. The plaintiff relied upon the defendant's Justdial listing, accessibility of the alleged infringing products in Delhi, and the plaintiff's subordinate office in Delhi. The Court held that interactive online listings capable of facilitating customer enquiries and commercial interaction can constitute part of the cause of action. Finding prima facie territorial jurisdiction in Delhi, the Court dismissed the application while keeping jurisdictional objections open for determination at the trial stage.
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