The Delhi High Court has delivered a powerful setback to Artura Pharmaceuticals by refusing to return the plaint in Sun Pharmaceutical Industries Ltd.’s trademark infringement suit. The Court ruled that a part of the cause of action arose in Delhi, making the suit maintainable.
Court Rejects Artura’s Jurisdiction Challenge
Artura argued that the Delhi High Court lacked territorial jurisdiction because the company operates from Chennai and manufactures in Andhra Pradesh. The company insisted that its website was only informational and did not target Delhi consumers.
The Court disagreed.
It held that Artura’s online presence — including its website, brochure downloads, and enquiry mechanisms — showed that its products were accessible to consumers in Delhi. The Court stated that these features created a prima facie connection to the Delhi market.
Digital Footprints Matter, Says Court
The Bench highlighted that website accessibility, enquiry forms, and product brochures can amount to purposeful targeting of consumers in a jurisdiction. It emphasised that such online activities cannot be dismissed as passive.
The Court ruled that these factors were enough to demonstrate that the dispute was not confined to Artura’s home states.
Issues Require Trial, Not Pre-Trial Dismissal
The Court noted that determining the nature and impact of online activity involves mixed questions of fact and law. Such questions cannot be settled at a preliminary stage.
The Court stressed that only a full-fledged trial can determine:
- Whether Artura’s website led to actual sales in Delhi
- Whether Delhi-based consumers made enquiries
- Whether confusion between the marks occurred
- Whether Sun Pharma faced commercial harm in the capital
Sun Pharma’s Case Moves Forward
The decision keeps Sun Pharma’s suit alive. The Court has already granted Sun Pharma an interim injunction, and now the full trial will examine whether Artura’s marks are deceptively similar to Sun Pharma’s well-known brands.
A Powerful Message for Online Businesses
The ruling sends a clear and compelling message:
If your products are accessible online, your legal exposure can extend beyond your physical location.
This precedent strengthens the hands of trademark owners operating in the digital era.
What’s Next
The Court will frame jurisdiction as a preliminary issue during the trial. Both parties will present evidence on actual consumer interaction, website activity, and the likelihood of confusion.
The outcome may set a defining benchmark for Internet-based trademark jurisdiction in India.