Plaintiffs, engaged in manufacture and sale of sports shoes and
footwear under the trademark GOLDSTAR initiated infringement
proceedings claimed ex-parte injunction against the defendants.
Plaintiff is a partnership firm based in Nepal and has various
distributors in India as well as a liaising office in New Delhi,
whereas the defendant No. 1 is unknown person (John Doe) and
defendant No. 2, an entity known only by a name, allegedly carries
on business in Meerut, i.e. outside the territorial jurisdiction of
this court.
Given that neither the plaintiffs are carrying on their business
in India (rather are exporters) nor the defendants are allegedly
infringing the trademark within the territorial jurisdiction of the
Hon'ble Delhi High Court, the court rightly identified the
issue of territorial jurisdiction involved in the instant case.
Furthermore, the Hon'ble Court, after discussing the genesis of
John Doe orders rightly pointed out that the exercise of
court's
