Q190
A' a resident of Mumbai has a website 'www.caravan.co.in' launched in 2015. 'A' has a business of apparels in Mumbai having a trade mark 'CARAVAN'. The website is accessible from Delhi. 'B' a resident of Hyderabad starts a website 'www.caravaan.co.in' in 2017 having the same business. The website of 'B' consists of a catalogue, a toll free number, and an email address. 'A' wants to file a suit for passing off of trade mark in Delhi. 1. 'A' can file a suit in Delhi on the basis of accessibility of website of 'B'. 2. 'A' cannot file a suit merely on the accessibility of website. 3. 'A' cannot file a suit in Delhi as the website of 'B' is not interactive. 4. 'A' can file a suit if 'B' specifically targets the forum state resulting in harm to 'A' in forum State. Choose the correct option from below:
A.
Only 1 is correct
B.
Only 3 and 4 are correct
C.
Only 4 is correct
D.
2, 3 and 4 are correct
AnswerAnswer: Option D
Solution
Answer: Option D
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