202608.10
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Can Foreign Server Locations Oust the Jurisdiction of Indian Courts? The Emerging Position in Indian Digital Jurisprudence

The internet has blurred traditional ideas of territoriality. Businesses now rely on cloud infrastructure, data is stored and processed across borders, artificial intelligence models are trained on servers in different countries, and digital intermediaries operate through globally distributed networks. Against this backdrop, defendants in intellectual property disputes increasingly argue that Indian courts lack jurisdiction simply…

202608.06
36

L’Oréal Permitted to Add Infringement Claim in a Passing-Off Suit

In a recent decision, the High Court of Delhi considered whether a plaintiff that had instituted a passing-off action could amend its plaint to add a claim for trade mark infringement after securing registration of the mark during the pendency of the suit. The judgment affirms that procedural law should facilitate the effective adjudication of…

202608.04
36

Delhi High Court Clarifies When Trademark Disputes Can Be Referred to Arbitration

In a significant ruling concerning the arbitrability of trademark disputes arising from contractual arrangements, the Division Bench of the Delhi High Court allowed an appeal against an order of the District Judge (Commercial), South District, Delhi, and referred the dispute between the parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996….