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By Madhur Singh
Global exercise equipment maker Icon Health and Fitness Inc. won a ruling from the Delhi High Court that an Emirati company infringed its “IFIT” trademark.
Icon Health had accused Smart Infocomm of offering identical devices and software under its mark. Icon can now ask app stores and e-commerce websites such as Amazon.in to take down Smart Infocomm’s infringing services.
The Delhi court found Sept. 12 under the “carrying on business” test that it had the power to exercise jurisdiction over the case because Smart Infocomm’s services were accessible from Delhi.
“It shows that the judges and courts have been evolving on adapting to new scenarios such as ecommerce,” Raja Selvam of Chennai-based Selvam & Selvam told Bloomberg BNA.
The court affirmed the test based on its landmark 2014 ruling in World Wrestling Entertainment Inc. v. Reshma Collection. According to that case, the court considers an e-commerce transaction to have taken place at the buyer’s location.
The “carry on business” test applied in Indian courts is stricter than the one that applies in Europe, for example. Under the Court of Justice of the European Union’s ruling in Pez Hejduk v EnergieAgentur.NRW GmbH, a court in an EU member-state in which an allegedly infringing copyright work is merely accessible online (and not necessarily intended for business) has jurisdiction to hear an infringement suit.
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