Delhi HC: Virtual Presence May Mean 'Carrying On Business'

A Division Bench of the Delhi High Court in the case of World Wresting Entertainment, Inc. v. M/s Reshma Collection & Ors. in an appeal order, held that the online sale of merchandise to customers in Delhi by World Wresting Entertainment, Inc amounted to ‘carrying on business’ in Delhi, under Section 62(2) of the Copyright Act, 1957 and Section 134(2) of the Trade Marks Act, 1999. The DB held that the WWE carried on business’ in Delhi merely due to sales effected through the Appellant’s website accessed / accessible in Delhi, thus conferring jurisdiction on the Delhi High Court to try a suit for trademark and copyright infringement. For more please read the attached report by Nishith Desai Associates. Disclaimer: The information/opinions expressed in this report/newsletter are those of the author. This website has not verified the accuracy of the claims made in the report/newsletter, nor does it agree or disagree with, or endorse any information/opinions contained therein.

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