WHERE CAN A FOREIGN REGISTERED PROPRIETOR SUE IN INDIA FOR INFRINGEMENT OF ITS TRADEMARK?

Published On: 01/02/2017

Practice Area: Intellectual Property

Authors:

Suneeth Katarki
A Division Bench of the High Court of Delhi (the "Court"), in its recent judgment in the matter of P.K. Sen vs. Exxon Mobile Corporation and Anr.[1], reversed the decision of a single judge of the Court and held that a foreign registered proprietor[2]who does not have an office or a principal place in India, cannot file and maintain a suit of trademark infringement and passing off on the basis of the location of the trademark’s permitted user.[3]