Intent Of Foreign Defendants To Target Indian Customers Must Be Established In Internet Trademark Infringements: Delhi HC

The Delhi High Court has observed that in case of internet trademark infringements, the intent of foreign seated defendants to target Indian customers and market must be established. Justice C Hari Shankar also observed that in such cases the interactivity should be coupled with an overt intent of the defendants to target customers in India. “The operation of the Trademarks Act and the CPC statutorily extend only to the boundaries of India. In the case of internet infringements, no doubt, the decision of the Court may, at times, operate against entities located outside India. That, too, however, would be subject to existence of the necessary connection between the activity of the foreign-seated defendants and India. More specifically, intent, of the defendants, to target India, must be established,” the Court said.