1. Home
  2. / Subject
  3. /Information Technology Law

IMPRESARIO ENTERTAINMENT & HOSPITALITY PVT. LTD V. S & D HOSPITALITY, I.A. NOS. 1950/2017 IN CS(COMM) 111/2017 (DEL)

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.