Appropriate Place For Filing Cases in Tort of Infringement : HC Lays Down the Law
It has been held that once the infringing goods were available for sale, the tort of infringement, which predicates use of the infringed mark, or a mark which is deceptively similar thereto, for trade, stood committed. The suit, seeking relief thereagainst, could be filed before every Court having territorial jurisdiction over the situs of sale of such goods. Section 20(a) of the Code of Civil Procedure, 1908 permit a plaintiff to sue a defendant wherever the defendant carries on business.
Kohinoor Seed Fields India Ltd v. Veda Seed Sciences Pvt. Ltd [2025] GCtR 1892 (Delhi)