IMPRESARIO ENTERTAINMENT & HOSPITALITY PVT. LTD V. S & D HOSPITALITY, I.A. NOS. 1950/2017 IN CS(COMM) 111/2017 (DEL)
FACTS
- The plaintiff, Gastronomica Services Pvt Ltd, runs a restaurant called 'SOCIAL' and other coffee shops in Mumbai and New Delhi.
- The defendant, Hyderabad Hospitality Ventures, operates two restaurants in Hyderabad under the name 'SOCIAL MONKEY' and offers a beverage called 'A GAME OF SLING,' similar to the plaintiff's 'HYDERABAD SLING.'
ISSUES
- Whether the court has jurisdiction to hear the case.
- Whether Hyderabad Hospitality Venture's actions constitute trademark infringement.
CONTENTIONS
- Hyderabad Hospitality argues lack of jurisdiction due to its operations not being in Delhi, where Gastronomica Services Pvt Ltd filed the suit.
- Gastronomica Services contends its principal office in Delhi, responsible for funding and licensing all brands.
- Gastronomica Services asserts Hyderabad Hospitality Ventures' presence on online platforms diverts its customers to Hyderabad.
- Hyderabad Hospitality refutes this, arguing mere online bookings don't establish a transaction. Gastronomica Services claims at least one customer from Delhi reserved a table at Hyderabad Hospitality Venture's Hyderabad outlet, establishing cause of action in Delhi.
COURT REASONING
- Court relies on jurisdictional principles from previous cases, emphasizing the need for purposeful availment by Hyderabad Hospitality Ventures to confer jurisdiction.
- Mere accessibility of Hyderabad Hospitality Ventures' website in Delhi doesn't grant jurisdiction.
- Gastronomica Services Pvt Ltd must show Hyderabad Hospitality Ventures intentionally targeted customers in Delhi.
- Even if customers book online, the transaction finalizes at Hyderabad Hospitality Ventures' outlet in Hyderabad, where the cause of action lies.
- Judgment considers previous cases but leaves some ambiguity regarding the role of intermediaries and transportation of goods.
JUDGEMENT
- Court dismisses the case due to jurisdictional inadequacy.
- Hyderabad Hospitality's actions, like having an online presence, don't purposefully avail jurisdiction.
- Gastronomica Services failed to show Hyderabad Hospitality Ventures intentionally targeted Delhi customers.
- Even if customers from Delhi interact with Hyderabad Hospitality Ventures' online platforms, the transaction completes in Hyderabad, where the cause of action primarily lies.