Exxon Mobil Corporation v. Exoncorp Pvt. Ltd.
(2019) 79 PTC 335
In the High Court of Delhi
CS (Comm) 111/2019
Before Justice Prathiba M. Singh
Decided on July 16, 2019

Relevancy of the case: Jurisdiction of the court when trademark infringement is happening on the internet

Statutes and Provisions Involved

• The Trade Marks Act, 1999 (Section 2(1), 2(2), 28, 29, 134, 134(2))
• The Copyright Act, 1957 (Section 62)

Relevant Facts of the Case

• The defendant is an IT services company, while the plaintiff deals in oil, chemical, and petroleum products.
• The plaintiff has a trademark over the wordmark “EXXON” in over 160 jurisdictions, including India.
• The plaintiff has filed this suit seeking a permanent injunction against the defendant to restrain using the word “EXON”, passing off, delivery up, and rendition of accounts.
• The plaintiff found out about the defendant in November 2017. They issued a cease and desist notice to the defendant; however, the defendant did not respond to the notice.

Prominent Arguments by the Advocates

• The defendant’s counsel filed a written submission claiming that the Delhi HC does not have jurisdiction in this case. Their business falls under Class 42, and the plaintiff’s mark is not registered under this class.
• The plaintiff’s counsel submitted that Exxon is a well-known mark. Therefore, it should receive the highest level of protection. Under Section 2(1)(zg), it shall receive protection for unrelated goods and services. The defendant offers services through the website, which serves users nationwide, including Delhi. Hence, the court has jurisdiction in this case.

Opinion of the Bench

• A well-known mark receives protection even for unrelated goods and services.
• The court has jurisdiction over the case if the defendant and a resident of the respective state enter into a commercial transaction using the defendant’s website.

Final Decision

• The court granted an injunction restraining the defendant from using the mark “EXON”. Further, the court orders the defendant to pay the plaintiff the court fee of ₹2 lakhs.