Vakil Help Desk News: the Delhi High Court has held that a registered trademark owner can file an infringement suit where it carries on business, and refused to return a brandy-maker's suit to Sikkim just because the rival is based there.
Vakil Help Desk News, IPR. A registered trademark owner is not confined to suing where the infringer sits — it can sue where it itself carries on business. The Delhi High Court applied this rule in Inbrew Beverages Pvt. Ltd. v. Mount Distilleries Ltd. (CS(COMM) 451/2026), decided by Justice A. J. Bhambhani.
The dispute
The plaintiff, with its registered office in Delhi, sells "HONEY BEE" brandy across India. It alleged that the defendant, based in Sikkim, sells "HONEY GOLD" brandy with a deceptively similar mark, label and packaging. The defendant asked the Court to return the plaint, arguing that the cause of action arose in Sikkim and the plaintiff had no Delhi sales.
What the Court held
- Section 134 of the Trade Marks Act, 1999 lets the owner of a registered mark sue where it carries on business, over and above the ordinary rules on where a suit may be filed.
- Because the plaintiff's registered office is in Delhi and it was suing to enforce its registered rights, the suit was maintainable in Delhi.
- The defendant's application to return the plaint was dismissed.
Why it matters
For a brand owner, this is an important practical advantage: you can usually bring an infringement action in your own city, rather than chasing an infringer to a distant state. It makes enforcing a registered trademark faster and less expensive.
What this means for you
If someone infringes your registered trademark, you can generally sue in the place where you carry on business — not only where the infringer is based (Section 134, Trade Marks Act). This makes enforcement cheaper and quicker. It is one more reason to register your trademark: these jurisdiction advantages apply to registered-mark infringement suits. Keep proof of where your business operates.