Delhi High Court raises the bar for online IP suits
06 November 2026
The Delhi High Court has returned the plaints in 17 commercial suits involving intellectual property disputes after ruling that the mere accessibility of a website in Delhi, or a plaintiff-arranged online purchase delivered to the capital, without more, is insufficient to establish territorial jurisdiction. The decision is expected to have significant implications for brand owners and litigators who have traditionally favoured Delhi as the forum for major IP disputes.
The ruling was delivered by Justice Purushaindra Kumar Kaurav on November 3, 2026 in a consolidated judgment led by ABD Maestro Private Limited v. Great Galleon Ventures Ltd. The court found that plaintiffs cannot ordinarily manufacture jurisdiction through investigator-arranged transactions, except where the investigator merely provides evidence of genuine sales already taking place within the jurisdiction. For online infringement claims, the court reiterated that website accessibility alone is insufficient and that plaintiffs must satisfy the purposeful-targeting and purposeful availment requirements, including evidence of commercially concluded transactions with users in the forum, subject to the limited exceptions recognized in the judgment.
The decision comes at a time when an increasing proportion of infringement disputes involve online marketplaces and digital sales channels. For many years, rights holders have frequently chosen Delhi for IP litigation because of its experienced bench and extensive body of IP jurisprudence. The judgment may encourage litigants to reassess filing strategies and place greater emphasis on demonstrating a genuine territorial connection before commencing proceedings.
Notably, the court also reflected on the concentration of IP disputes before the Delhi High Court. While acknowledging the court's role in shaping Indian IP law, Justice Kaurav suggested that other High Courts should have greater opportunities to develop specialist expertise and adjudicate complex IP matters.
Although the ruling does not address the underlying infringement claims, its procedural impact could be substantial. By narrowing the circumstances in which Delhi courts can be approached, the judgment is likely to influence forum-selection strategies for trademark, copyright and online enforcement actions across India.
