Case Title: Impresario Entertainment & Hospitality Pvt. Ltd. Vs. S & D Hospitality Case Number: CS(COMM) 111/2017 Date of Order: 3rd January 2018 Court: High Court of Delhi Judge: Hon'ble Ms. Justice Mukta Gupta Neutral Citation: 2018:DHC:14
Brief Facts:
The plaintiff, a company operating ‘SOCIAL’ cafes across India, owns registered trademarks and has developed a distinctive branding concept involving prefixing ‘SOCIAL’ with specific locations. The defendant was operating restaurants in Hyderabad using the mark ‘SOCIAL MONKEY’ and ‘STONE WATER’, allegedly infringing upon the plaintiff’s marks and branding. The plaintiff claimed that the defendant’s use caused confusion, passing off, and damage to their reputation.
Legal Issues & Decision:
- The court considered whether territorial jurisdiction exists since part of the cause of action arose in Delhi through online promotion and targeted advertising.
- It held that actionable aggression involves purposeful availment of the forum’s jurisdiction, especially via online activities. Mere online presence isn’t enough unless the defendant purposefully directs activities to the forum.
- The court found that the defendant's online advertisements and targeted promotions in Delhi established a sufficient connection, granting jurisdiction.
- The plaintiff’s claims of passing off, trademark infringement, and dilution were scrutinized, and the court allowed the suit to proceed based on the territorial jurisdiction being established via online activity.
Law Settled:
- The case clarifies the scope of jurisdiction issues in internet-related disputes, emphasizing purposeful availment and targeted activity over passive website access.
- It affirms that online promotion with targeted intent can establish jurisdiction for passing off and infringement actions in India.
