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Hail to the Delhi High Court!The Indian Judiciary has, as Kruttika hoped they would, demonstrated "dynamism and an open mind to inpaocorrte certain changes that may be necessary considering the trend of cases globally."According to me, the single most outstanding feature of this judgment that gives it the extra-edge over all other similar cases is the fact that, unlike all the other cases, in this case, the plaintiff itself was not located in the forum state. Keeping this in mind, the following line in para 42, I believe is the most important - "For the purposes of a passing off or an infringement action (where the plaintiff is not located within the jurisdiction of the court), the injurious effect on the Plaintiff's business, goodwill or reputation within the forum state as a result of the Defendant's website being accessed in the forum state would have to be shown. Naturally therefore, this would require the presence of the Plaintiff in the forum state and not merely the possibility of such presence in the future."I applaud the conceptual clarity of Justice Bhat who referred the matter in the first place and Justice Muralidhar who passed the present judgment!

It seems that my comment is tooo long so I am poitsng it in 2 partPart 1Dear IpCrazy, You have a very valid question; however, I believe there is no conflict as such for the following reasons:1. In the Pfizer case (Del HC), the learned judge discussed in detail the ratio of Jawahar case (Del HC) and held that - the ratio in Jawahar Engineering (supra) is that mere advertisement in the Trade Mark Journal would not give a court jurisdiction. However, a threat that the offending goods could be sold at a particular place would definitely give jurisdiction to the court in such a place (para the filing of an application for registration of a trademark in Delhi would give rise to a threat perception in the minds of the people that the offending goods would be sold in Delhi and that would be sufficient to give the courts in Delhi jurisdiction to entertain a suit for passing off.2. In the Pfizer case itself, other than the filing of application, the threat-factor was also given importance.3. In Pfizer case, the Judge also cited ONGC v. Utpal Kumar Basu (SC) (1994 SCALE (3)90) wherein it was held that an advertisement by itself in a journal or a paper would not confer jurisdiction upon a court.4. Further, Pfizer also discusses the SC judgment in Dhodha House & Patel Field Marshal Industries v S.K. Maingi & P.M. Diesel Ltd : 2006 (32) PTC 1. The Del HC held that the ratio of the Supreme Court decision in Dhodha House is not that the filing of an application at the Registrar of Trade Marks at a particular place would not clothe courts at that place with territorial jurisdiction to entertain the matter. The ratio is that an advertisement by itself in a Trade Mark Journal would not confer jurisdiction upon a court within whose territorial limits the advertisement is published or is seen. Now, from the ratio of Dhodha House Case (SC) as discerned in Pfizer, there are two aspects that have to be taken into consideration Advertisement and Filing of TM application.All 4 judgments mentioned above clearly in consonance on the two points 1. Mere advertisement in journal would not give rise to cause to action and therefore confer jurisdiction on forum state. 2. Filing of an application for registration of a trademark in forum state would give rise to a threat perception in the minds of the people that the offending goods would be sold in forum state and that would be sufficient to give the courts in forum state jurisdiction to entertain a suit for passing off.Now, let's analyze the Banyan Tree case.

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