Civil Procedure Code, 1908
Section 16 to 20
Question of Territorial Jurisdiction - Can presence on Internet sufficient to clothe court with jurisdiction ? Case of Passing off action be maintainable on basis of passive website.
HELD Plaintiffs' products, DALACIN C, available for sale and distribution within the jurisdiction of Delhi Court . Plaintiff failing in establishing that the defendants carry out their business from Delhi not even able to demonstrate that the defendants goods are in fact sold in Delhi
Further HELD Website of the defendants cannot be a mere passive one but has to be interactive, in the sense that something purposeful should be directed towards the forum state . Website not disclosing the minimum threshold of interactivity but merely disclosing the range of products sold by the defendants and nothing more. No purposeful direction of the web activities to prima facie establish Court's jurisdiction therefore the court lacks territorial jurisdiction,
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