Delhi High Court Clarifies Where Intellectual Property Suits Can Be Filed Under Section 134 of Trade Marks Act

Legal News Update | 25 August 2026

The Delhi High Court has clarified an important jurisdictional question in intellectual-property litigation: the additional forum provided to a plaintiff under Section 134 of the Trade Marks Act does not mean an IP suit can be instituted in any court of the plaintiff’s choosing.

What Section 134 does

Section 134 provides an additional jurisdictional option in specified trademark and copyright disputes by permitting proceedings where the plaintiff resides or carries on business. The provision was intended to ease hardship for rights holders, but it does not eliminate ordinary jurisdictional principles.

Delhi High Court’s clarification

The Court explained that the provision cannot be interpreted as an unrestricted licence for forum shopping. The plaintiff must still demonstrate the jurisdictional connection required by law.

Why the ruling matters

Jurisdiction is often contested at the threshold of trademark and copyright litigation, particularly where businesses operate in several cities or sell products online. The ruling provides useful guidance for brand owners deciding where to institute infringement proceedings and for defendants challenging an artificially selected forum.

Practical takeaway for businesses

Before filing an IP suit, businesses should map the plaintiff’s principal and subordinate places of business, the location of the defendant, the place where the cause of action arose and the commercial activity connecting the dispute to the proposed court.

Frequently Asked Questions

Can a trademark owner sue anywhere it has a business presence?

Not automatically. The jurisdictional connection contemplated by the statute and governing precedent must still exist.

Why is this important for online businesses?

Digital commerce can create connections with multiple jurisdictions, making careful analysis of cause of action and business presence especially important.

News discovery: Bar & Bench reported the Delhi High Court ruling on 25 August 2026. This article is independently written legal analysis.